DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S COURTHOUSE ROAD SUITE 1001 ARLINGTON VA 22204-2490 Docket No 2326-20 Ref: Signature Date Dear : This is in reference to your application for correction of your spouse’s naval record pursuant to Section 1552 of Title 10, United States Code. 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 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 spouse’s naval record and applicable statutes, regulations and policies. You request entitlement to Survivor Benefits Plan (SBP) benefits at the full rate in association with your late husband, service in the United States Navy, retroactive to the date of his passing on 12 September 2019. served honorable in the Navy from 20 August 1954 to 1 July 1979, when he earned sufficient service for retirement. During his military service, he was married to on 23 December 1978 and had a daughter, (date of birth ). On 29 May 1979, completed a Survivor Benefit Plan Election Certificate and elected reduced SBP coverage in the base amount of $300.00, for Spouse and Child. He retired on 1 July 1979, and his SBP payment records (HUNT) indicate his election at the reduced amount was implemented as of his date of retirement. On 8 August 1986, and divorced; on 19 January 1989, submitted an SBP Change/Adjustment Worksheet to reflect SBP for Child only, retroactive to 8 August 1986. On 9 January 1998, you and married. After his passing in September 2019, you learned that the SBP coverage was at a reduced rather than full amount. You contend that the reduced SBP coverage was made unbeknownst to you, and that your late husband was unaware of the reduced benefit. Furthermore, you assert that you did not agree to accept the reduced amount of coverage and ask for entitlement to at least half of the monthly retiree pay. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions. However, the Board conclude that Department of Defense Financial Management Regulation (DODFMR), Volume 7B, Chapter 43 outlines the requirements for SBP elections. DODFMR Volume 7B, Chapter 43, states a member who retires on or after September 21, 1972 has automatic participation at the maximum level unless he or she elects otherwise before retirement. The Board considered the 29 May 1979 Survivor Benefit Plan election and found that knowingly elected a reduced amount of SBP coverage before his retirement. DODFMR Volume 7B, Chapter 43 further states that effective 1 March 1986, spousal concurrence of certain elections is required. Given that 29 May 1979 reduced coverage was elected prior to 1 March 1986, he was not required to obtain spousal concurrence from his then-spouse, . DODFMR Volume 7B, Chapter 43 further states that if a member later marries, the member may participate in the SBP but that the election must be received within 1 year of the marriage. Your late husband did not make such an election within one year of your 9 January 1998 marriage. The last SBP Change documented in your late husband’s records is the 19 January 1989 SBP Change/Adjustment Worksheet which changed his election from Spouse and Child to Child only. Since his daughter is no longer a qualifying minor dependent beneficiary under the SBP program, the HUNT file reflects you as the current annuitant for the reduced SBP coverage. The Board found that in consideration of his 29 May 1979 Election Certificate and his 19 January 1989 SBP Change/Adjustment Worksheet, properly elected a reduced level of SBP coverage. Accordingly, the Board determined that his record does not reflect an error or an injustice, and relief is not warranted. 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