DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

JUL O2 2019 
From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Ref: (a) Title 10 U.S.C. § 1552 
     (b) DoD FMR 7000.14-R 

Encl: (1) DD Form 149 w/attachments 
      (2) Subject's naval record 

1. Pursuant to the provisions of reference (a) Subject's daughter, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show timely written request for conversion from spouse to former spouse coverage under the Survivor Benefit Plan (SBP). 

2.  The Board, consisting of                                                                                             , reviewed Petitioner's allegations of error and injustice on 8 February 2019 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner's naval record, and applicable statutes, regulations and policies. 

3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, finds as follows: 

a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 

b. In accordance with reference (b), a member with spouse coverage may, within 1-year of date of the decree of divorce change that election to provide an annuity to a former spouse. 

c. Subject married                   on 21 November 1964. 

d. Subject transferred to the Retired Reserve with-pay effective  - his 60th birthday. 

e.  Subject divorced                  on 25 August 2004. At that time, the Court ordered              to be awarded the survivor benefits of Subject's military retirement.

f. Subject died on 2 September 2014. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action. Defense Finance and Accounting Service (DFAS) denied former spouse's claim for former spouse SBP annuity due to the fact that Subject did not voluntarily elect former spouse SBP coverage nor did former spouse deem an election within one-year of their divorce, which awarded her the former spouse SBP coverage. Although the proper administrative requirements were not completed by Petitioner in a timely manner, the Board concluded that a measure of relief is warranted. 

RECOMMENDATION 

That Subject's naval record be corrected, where appropriate, to show that: 

Subject executed a written request for conversion from spouse to former spouse SBP coverage, at the same level of coverage as previously elected, naming                                as the beneficiary. The request was received by cognizant authority and became effective 
26 August 2004, the day following the date of divorce. 

Note: Former spouse is responsible for any unpaid SBP costs that would have been deducted. No waiver of unpaid premiums will be granted. 

A copy of this Report of Proceedings will be filed in Subject's naval record. 

4. It is certified that quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter. 

5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the avy. 




Executive Director