DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 2015-20 Dear , This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. 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 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 12 April 2021; the Board reconvened on 15 June 2021, and again considered your application after receiving additional information to include relevant separation and divorce documents and your 15 June 2021 email response regarding life insurance. 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 30 March 2017, you completed a DD Form 2656 electing not to participate in SBP with spouse concurrence dated 6 February 2017. DFAS automatically enrolled you in SBP due to improperly completed form. On 31 March 2017, you retired due to having sufficient service for retirement. On 5 June 2018, you got divorced. The Final Divorce Decree directed the following: “Wife shall be entitled to the former spouse survivor benefit, but subject to the following terms. If Wife elects to obtain life insurance on Husband's life as set forth in Provision 20 below, then once such policy is in force, Husband will terminate the survivor benefit plan. Until such time, the survivor benefit plan shall remain in place with Wife as the beneficiary. Wife shall have until August 31, 2018, to make this election.” On 22 February 2019, you completed a DD Form 2656­6 (Survivor Benefit Plan Election Change Certificate). You requested to suspend spouse coverage. DFAS suspended your coverage on 28 January 2020. You paid 34 months of premiums. You requested that your record reflect that you declined participation in the Survivor Benefit Plan (SBP); 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 DoD 7000.14-R FMR Volume 7B Chapter 43, states that Written spousal concurrence is required when the member elects to decline coverage or provide the spouse with less than the maximum SBP coverage available, include electing child-only coverage, and when a member eligible for RCSBP declines coverage or elects coverage that provides less than a maximum immediate spouse annuity. The signature of the spouse must be notarized. The requirement to have the spouse’s signature notarized is not to suggest that the spouse has received additional counseling regarding the option being selected. It simply provides certification that the spouse signed the form and acknowledges the election made on the form. DFAS automatically enrolled you in SBP due to an improperly completed form. Subsequently, your divorce decree directed that your ex-wife was entitled to former spouse SBP coverage unless she elected to obtain a life insurance policy on your life. You have provided no evidence that your former spouse has concurred with your request to decline SBP coverage or has obtained life insurance. 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, Deputy Director