Docket No. 1122-20 
Ref: Signature Date 

This is in reference to your application for correction of your spouse’s naval record pursuant to Title 10, United States Code, Section 1552.  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 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 for Correction of Naval Records, sitting in executive session, considered your application on 9 April 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 spouse’s naval record and applicable statutes, regulations and policies.  

You requested to have your spouse’s record corrected to reflect him electing you as the Survivor Benefit Plan (SBP) annuitant, subsequent to the death of his former ppouse, the previous SBP annuitant.  The Board, in its review of your spouse’s entire record and your application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded your spouse died on 29 December 1998, before his former spouse.  Moreover, the Fiscal Year 2016 National Defense Authorization Act, Public Law 114-92, section 641 that authorized members to elect their current spouse to receive SBP coverage after the death of a former spouse did not become effective until 25 November 2015, thereby rendering you ineligible for the SBP annuity.  

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.