Docket No 3146-20 
 
 
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 10 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 requested to establish entitlement to Survivor Benefit Plan (SBP) annuity retroactive to December 2018.  The Board, in its review of  entire record and your application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that you do not meet the criteria to receive SBP annuity in accordance with Department of Defense Financial Management Regulation 7000.14-R.  Specifically, the policy indicates a member who acquires a new spouse after retirement must make an election within 1-year of the marriage.  A review of record indicates at the time of retirement, he did not have any dependents; therefore, did not participate in SBP coverage.  Subsequent to your 19 July 2014 marriage,  was receiving Retiree Account Statements that reflected there was no SBP election reflected on his account.  Regrettably, your late husband did not elect SBP coverage within 1-year of your marriage, thereby rendering you ineligible for an annuity. 
 
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, 
 
6/15/2021
Deputy Director