DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1959-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD Ref: (a) Title 10 U.S.C. § 1552 (b) DoD 7000.14-R FMR, Volume 7B Chapter 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 the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to show Petitioner submitted a request for enrollment in the Reserve Component-Survivor Benefit Plan (RC-SBP) spouse coverage within one year of remarriage. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 26 April 2021 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), a member with a dependent child, who was unmarried on the date of retirement, may elect spouse coverage upon subsequent marriage regardless of whether coverage was elected for their dependent child. The election must be received by the Secretary concerned within 1 year of the marriage date. c. On 1 September 1984, Petitioner married . d. On , Petitioner’s child ( ) was born. On , Petitioner’s child ( ) was born. On , Petitioner’s stepchild ( ) was born. e. On 28 September 1999, Petitioner got divorced. Divorce decree did not direct RCSBP/SBP coverage. f. On , Petitioner became eligible for notification of eligibility (NOE) for retired pay at age 60. Furthermore, notice of eligibility was issued on 28 February 2003. g. On 28 February 2003, Naval Reserve Personnel issued Petitioner a Notification of Eligibility (NOE) to receive retired pay at age 60 and participate in the Reserve Component Survivor Benefit Plan (RCSBP). Furthermore, Petitioner was informed that he was also entitled to participate in the RCSBP. NRPC 1772/2 provides pertinent information and an election certificate. Petitioner’s completed election certificate must be submitted to this command (N32), within 90 days of receipt of this letter. Petitioner’s election is irrevocable except upon certain changes in dependent status. h. On 27 September 2004, Petitioner’s request was approved and authorized his transfer to Retired Reserve status effective 1 November 2004. i. On 7 July 2007, Petitioner married . j. On 15 April 2018, Petitioner elected coverage for spouse only coverage based on full base amount. k. On , Petitioner turned 60 years old. l. On , Navy Personnel Command notified Petitioner that on 28 February 2003, that he was sent a Notification of Eligibility (NOE) -letter to receive Retired Pay at/or beyond the age of 60 in addition to the Reserve Component-Survivor Benefit Plan (RC-SBP) election certificate. PERS-912 did not receive an election certificate from Petitioner as was requested in the correspondence on the aforementioned date; therefore, as of 29 May 2003, Petitioner was enrolled in an immediate RC-SBP annuity for his/her child(ren). Covered child, ; date of birth, . m. On 10 June 2019, Navy Personnel Command notified Petitioner that his application for retired pay for non-regular service was approved. Petitioner’s initial date of eligibility for retired pay is . Petitioner’s authorization to retired pay is effective . CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of the contents of reference (b), the Board finds the existence of an injustice warranting the following corrective action. The Board concluded that Petitioner’s record establishes his participation in RCSBP for Child Only due to automatic enrollment. The Board noted that Petitioner failed to notify Defense Finance and Accounting Service of his current marriage to within 1-year of their marriage; however, his DD Form 2656 as completed in 2018, just prior to receiving retired pay at age 60, indicates his desire to provide coverage to his current spouse. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner enrolled his spouse (Julie Diane Sutheimer) in RCSBP, at the same level of coverage previously elected, Option C spouse coverage within one year of remarriage. Note: Petitioner is responsible for unpaid RCSBP/SBP cost that would have been deducted beginning the second year of marriage. 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. 6/1/2021 3