DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Docket No. 3927-18 AUG 2 2018 Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) Title 10 U.S.C. §1552 Encl: (1) DD Form 149 w/attachments (2) Subject's naval record 1. Pursuant to the provisions ofreference (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 , and reviewed Petitioner's allegations oferror and injustice on 17 May 2018 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 your deceased father's naval record, and applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts ofrecord 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. Subject married on 1 April 1967. c. On 14 November 1993, Subject elected Option B, "spouse only" coverage, under the Reserve Component Survivor Benefit Plan (RCSBP). d. Subject retired without pay on 31 January 1994. On 9 July 2002, Subject turned 60 and began receiving retired pay. His coverage transitioned from the RCSBP to the SBP. e. Subject divorced on 21 February 2003. Although the court did not order "former spouse" SBP coverage, it did award a portion of the retired pay and Subject continued to pay SBP premiums. f. On 25 March 2003, Subject married g. Subject died on 19 April 2014. h. On 22 August 2017, signed an affidavit waiving her right to the SBP annuity and acknowledged as rightful annuitant. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action. Subject initially elected "spouse only" coverage under the RCSBP. Upon divorce, Subject was not ordered to maintain SBP coverage for his former spouse, but he kept his former spouse as the named annuitant. He did not, however, change the coverage category from "spouse" to "former spouse" within 1-year of the divorce. Subject continued paying SBP premiums from the date ofdivorce until his death. Subject remarried prior to his death, but the widow has waived her right to the SBP annuity and acknowledged the former spouse as the rightful annuitant. Based on the forgoing, the Board concluded that a measure of relief is warranted in this case. RECOMMENDATION That Subject's naval record be corrected, where appropriate, to show that: The Subject changed his SBP coverage from "spouse" to "former spouse" naming as the beneficiary, at the same level of coverage as previously elected, within one year of the date of his divorce (which was finalized on 21 February 2003). Any other election or declination executed by the Petitioner is null and void. 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 reviewed deliberations, and that the foregoing is a true and complete record of the Board's above entitled matter. 5. Pursuant to the delegation of authority set out in ec evised Procedures of the Board for Correction ofNaval 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 Navy.