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

Docket No. 1109-19  
Ref:  Signature Date  

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

Subj: REVIEW OF NAVAL RECORD ICO 

Ref: (a) Title 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, in effect, that the applicable naval record be corrected to reflect declination of Survivor Benefit Plan (SBP) coverage. 

2.  The Board, consisting of                                                            , reviewed Petitioner’s allegations of error and injustice on 31 January 2020 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), written spousal concurrence is required when the member elects to decline coverage, or provide the spouse with less than the maximum SBP coverage available.  Moreover, DD Form 2656, Data for Payment of Retired Personnel directs spouses to ensure they sign concurrence after the member has made an election. 

     c.  Petitioner married                    on 23 November 1977.

     d.  Petitioner earned 20 total years of qualifying service on 28 October 2003. 

     e.  Petitioner issued Notification of Eligibility (NOE) to Receive Retired Pay at Age 60 and Participate in the Reserve Component Survivor Benefit Plan (RCSBP) dated 12 January 2004. 

     f.  Petitioner submitted NRPC 1772/3, Reserve Component Survivor Benefit Plan, electing Option A (I do not want to participate), on 20 April 2004. 

     g.  Petitioner transferred to the Retired Reserve without-pay effective 1 January 2008.

     h.  Petitioner’ spouse signed DD Form 2656, Data for Payment of Retired Personnel before a notary witness concurring with Petitioner’s election to decline participation in SBP on 14 June 2018. 

     i.  Petitioner signed DD Form 2656, Data for Payment of Retired Personnel, declining participation in SBP on 18 June 2018.

     j.  Petitioner transferred to Retired Reserve with-pay effective .

     k.  Petitioner automatically enrolled in SBP effective . 

     l.  Petitioner and spouse signed and notarized SBP Affidavit declining SBP on  15 November 2019. 

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 concluded Petitioner provided sufficient evidence to reflect desire to decline SBP coverage with spouse concurrence.  Although Petitioner did not correctly complete the proper administrative requirements, the Board felt that under these circumstances, a measure of relief is warranted. 

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that: 

Petitioner submitted DD Form 2656, Data for Payment of Retired Personnel, electing to decline participation in SBP with spouse concurrence, prior to transferring to the Retired Reserve with-pay on .  
 
Note:  Defense Finance and Accounting Service will complete an audit of Petitioner’s record to determine if Petitioner is due any back-pay. 

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. 


4/4/2020