From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO  
 
Ref:   (a) 10 U.S.C. § 1552 
       (b) DODFMR, Vol 7B, Chp 43 
 
Encl:  (1) DD Form 149 w/attachments 
       (2) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board, requesting that his naval record be corrected to reflect timely termination of his enrollment in the Survivor Benefit Plan (SBP). 
                                              
2.  The Board, consisting of   ,    ,   and    , reviewed Petitioner’s allegations of error and injustice on 17 September 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, including 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 request to terminate participation in SBP must be submitted on a DD-2656-2 (Survivor Benefit Termination Request Form) during the prescribed one-year time period and include spousal concurrence, and the signature of the spouse must be notarized.  Additionally, a SBP participant may choose to voluntarily discontinue SBP participation during a one-year period that begins on the second anniversary of the date of commencement of retired pay (months 25 to 36 from the date of a participant’s retirement). 
 
     c. Petitioner married      on    . 
 
     c. Petitioner was transferred to the Fleet Reserve on 30 June 2015. 
 
     d. On 20 January 2018, Petitioner and his spouse both signed DD Form-2656-2 (Survivor Benefit Termination Request Form), which was properly notarized, electing to terminate their participation in SBP.    
 
     f. Petitioner submitted the properly executed DD Form-2656-2 to the Defense Finance and Accounting Service (DFAS) on 28 June 2018, prior to the expiration of the one-year time period enumerated in reference (b). 
 
     g.  On 7 July 2018, the DFAS denied Petitioner’s request to terminate his participation in SBP for submission beyond the prescribed time period for termination requests, because the DFAS believed he submitted his request in month 37 from the date of his retirement. 
                    
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action.  The Board determined that Petitioner met the requirements to request termination of participation in SBP, and did so within the timeframe set forth by reference (b).  Upon review of Petitioner’s request, supporting evidence, and relevant references, the Board found that Petitioner’s request to terminate his participation in SBP should have been approved. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner submitted DD Form-2656-2 (Survivor Benefit Termination Request Form) to terminate his participation in SBP in a timely manner. 
 
A copy of this Report of Proceedings will be filed in Petitioner’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 Navy.