Docket No 2144-20 

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 17 May 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 your naval record and applicable statutes, regulations and policies. 
 
You request to establish eligibility to participate in Survivor Benefit Plan (SBP) Spouse and Child coverage.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  The Board concluded that Department of Defense Financial Management Regulation 7000.14-R specifies the requirements for SBP elections.  Specifically, the policy indicates a member who acquires a new spouse and/or child after retirement must make an election within 1-year of the event.  A review of your record indicates, in preparation for retirement, you completed DD Form 2656, Data for Payment of Retired Personnel on 6 August 2015 and elected SBP Children only coverage; at the time, you were not married but indicated you would be getting married the following month.  Thereafter, you married your current spouse on 13 September 2015, right before your transfer to the Fleet Reserve effective 1 October 2015.  Upon retirement, retirees receive a monthly Retiree Account Statement (RAS) that outlines pay descriptions to include SBP coverage information.  The Board could not find, nor did you provide any evidence of you contacting the Navy or Defense Finance and Accounting Service regarding your SBP Spouse coverage not reflecting on your RAS from the time of retirement until you completed DD Form 2656-6, Survivor Benefit Plan Election Change Certificate on 18 July 2019.  Absent the submission of an SBP election for the benefit of your spouse within the required 1-year period, you are ineligible to participate in SBP Spouse coverage. 
 
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, 

6/17/2021
Deputy Director