Dear ,  
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 17 September 2020.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies. 
 
On 9 December 2014, you divorced   .  The Decree of Divorce a Vinculo Matrimonii stated that Plaintiff [You] shall sign and file any documents necessary to have Defendant [] designated as the spouse and/or former spouse beneficiary entitled to the maximum benefit of your retirement Survivor Benefit Plan however the cost of such plan shall be paid by Defendant.  On 27 June 2015, you married    .  On 14 February 2019, you and your spouse elected not to participate in the Survivor Benefit Plan (SBP) via DD Form 2656 (Data for payment of retired personnel).  On 31 May 2019, you were transferred to the Fleet Reserve. 
 
You requested to establish Survivor Benefit Plan (SBP) coverage for your current spouse; the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that accordance with DoD 7000.14R Financial Management Regulation, volume 7B, Chapter 43, every retiring member who is married at retirement is automatically enrolled in SBP for full coverage unless the spouse consents in writing to reduced coverage or no coverage before the first day of eligibility to retired pay.  A member with an eligible spouse and dependent child on the date of retirement who declines coverage is prohibited from electing into the SBP, except under open enrollment periods.  Furthermore, SBP coverage for your current spouse would be undermining the court order.  
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.   
 
Sincerely,