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, Ch 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 decline participation in Survivor Benefit Plan (SBP) coverage for current spouse. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 20 August 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  In accordance with reference (b), unless a member elects not to cover the new spouse within 1-year after the marriage, spouse coverage automatically resumes as the first anniversary of the marriage. 
 
     b.  Petitioner married  on 19 September 1986. 
 
     c.  Petitioner transferred to the Fleet Reserve effective 1 August 2000 and was automatically enrolled in SBP coverage. 
 
     d.  Petitioner divorced  on 18 August 2009.  Divorce decree does not direct SBP Former Spouse coverage.  Defense Finance Accounting Service (DFAS) suspended SBP coverage effective the same date.  
 
     e.  Petitioner married  on 22 June 2018.  DFAS resumed SBP coverage effective the same date. 
 
     f.  Petitioner and spouse signed SBP Affidavit before a notary witness on 14 August 2020 declining SBP. 
 
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 his and his spouse’s desire to decline SBP coverage.  Although Petitioner did not complete the proper administrative requirements, the Board felt that under these circumstances, relief is warranted. 
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RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner elected not to participate in SBP Spouse coverage with spouse concurrence within 1-year of their 22 June 2018 marriage.  Note:  DFAS will complete an audit of Petitioner’s pay records to determine amount of premiums to be refunded. 
                                                            
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 
 
4.  It is certified that a 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.