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


Docket No. 1041-20 
Ref: Signature Date 

This is in reference to your application for correction of your spouse’s naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your spouse’s naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 28 January 2021.  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  naval record and applicable statutes, regulations and policies. You requested to have your spouse’s record corrected to reflect he elected Survivor Benefit Plan (SBP) with you as the beneficiary.  The Board, in its review of  entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded SBP elections are irrevocable in accordance with Department of Defense Financial Management Regulation 7000.14R.  

A review of  record indicates he elected SBP Child only coverage on 1 June 2012, transferred to the Fleet Reserve effective 1 July 2012, and date of marriage to you was 9 January 2013.  There is no record of your spouse registering you for SBP coverage within 1­year of your marriage, thereby rendering you ineligible for an SBP annuity.   
 
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, 
2/5/2021 

Deputy Director