Dear ,  
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  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 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 16 June 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 naval record and applicable statutes, regulations and policies.   
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
On , your son  was born.  On 4 June 1990, you married , and you were divorced on 31 May 1991.  On 31 July 1991, you retired from the Marine Corps, and you declined Survivor Benefit Plan (SBP) coverage.  On 31 March 2000, you married   and you were divorced on 30 May 2012.  On 19 November 2012, you remarried , and you were divorced 14 May 2018.  On 14 September 2019, you married . 
 
You requested to change your record to reflect that you did not decline participation in SBP at the time of retirement in an effort to enroll your current spouse.  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 at the time of your retirement, you were divorced and you had an 18-year-old son who was eligible for SBP at the time if he was a full-time student.  Per DoD 7000.14-R FMR, Volume 7B, Chapter 43, paragraph 430501E, a member with a dependent child, who was unmarried on the date of retirement, may elect SBP 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.  Therefore, your declining participation in the SBP upon retirement did not hinder your opportunity to elect coverage for a future spouse.  When you married  on 31 March 2000, you could have elected to participate in the SBP program, and would have had to do so prior to your first anniversary, but you did not.  Furthermore, you could have enrolled during the open season, which was authorized by PL 108-1375, began 1 October 2005, and ended 30 September 2006, under 10 U.S.C 1448, but again did not do so.  Therefore, any spouse after , including your current spouse, is not eligible for SBP.  Although your request has been denied, the Board did make note that your spouse may be eligible for Dependency and Indemnity Compensation (DIC).  DIC is a tax free monetary benefit paid to eligible survivors of military Servicemembers who died in the line of duty or eligible survivors of Veterans whose death resulted from a service related injury.  Additional information on DIC can be located at https://www.va.gov/disability/dependency-indemnity-compensation/. 
 
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.   
 

Sincerely, 
          

6/17/2020