Docket No 2745-20

 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO   
 
 
Ref:    (a) Title 10 U.S.C. § 1552 
 	(b) DoDFMR, Vol 7B Chp 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 reflect declined participation in the Survivor Benefit Plan (SBP). 
                                             
2.  The Board, consisting of  and  reviewed Petitioner’s allegations of error and injustice on 10 May 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
    a.  In accordance with reference (b), SBP elections must be made prior to retired pay becoming payable. 
 
    b.  Petitioner’s Armed Forces Active Duty Base date was 11 January 2010. 
 
    c.  Petitioner married  on 14 April 2010.   
 
    d.  Petitioner transferred to the Temporary Disability Retired List (TDRL) on 29 June 2018, and was automatically enrolled in SBP Spouse coverage effective 30 June 2018. 
 
    e.  Petitioner transferred to the Permanent Disability Retired List effective 1 September 2020. 
 
    f.  Petitioner and spouse signed an SBP Affidavit before a notary witness on 7 May 2021, declining SBP coverage. 
 
CONCLUSION 
 
Upon review and in consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action.  The Board concluded Petitioner provided sufficient evidence to reflect his and his spouse’s desire to decline SBP coverage prior to transferring to TDRL.  Although Petitioner did not complete the proper administrative requirements, the Board felt that under these circumstances, relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner elected to decline participation in SBP with spouse concurrence prior to transferring to TDRL effective 30 June 2018.  Note:  Defense Finance and Accounting Service will complete an audit of Petitioner’s pay records to determine amount of premiums to be refunded. 
                                                             
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. 

6/17/2021
Deputy Director