DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO USNR, Ref: (a) Title 10 U.S.C. § 1552 (b) DoDFMR, Vol 7B Chapter 54 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 electing Reserve Component Survivor Benefit (RCSBP) Option B Spouse and Child coverage at full retired pay level of coverage. 2. The Board, consisting of Mr. , Mr. , and Mr. , reviewed Petitioner’s allegations of error and injustice on 14 July 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), after 1 January 2001, a member who is married or has a dependent child, and who receives notice of eligibility (NOE) for retired pay is automatically enrolled in RCSBP coverage unless with spouse concurrence declines, defers or delays coverage within 90-days of receiving NOE. Additionally, the policy indicates Reserve members that are not married when becoming eligible to participate in RCSBP, who later marries, may elect to participate in RCSBP, if the election is completed within 1 year of acquiring a spouse. b. On 21 July 1990, Petitioner married ; they divorced on 12 August 2005. The divorce decree did not direct RCSBP or Survivor Benefit Plan (SBP) coverage. c. On 29 August 1994, Petitioner’s son, is born. d. Petitioner earned 20 total years of qualifying service on 3 June 2006. e. On 6 January 2007, Petitioner was issued Notification of Eligibility (NOE) to Receive Retired Pay at Age 60 and Participate in the Reserve Component Survivor Benefit Plan (RCSBP). f. Petitioner married on 6 October 2007. g. On , Petitioner’s daughter, , was born. h. On 6 April 2020, Petitioner signed DD Form 2656-6, Survivor Benefit Plan Election Change Certificate, electing to change coverage to Spouse and Child coverage. i. On 17 May 2021, Petitioner signed DD Form 2656-5, Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate electing Option B (Deferred Annuity) for Spouse and Child coverage at the full-retired pay level of coverage. Spouse concurrence completed on 18 May 2021. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action. The Board concluded that Petitioner’s record reflects participation in RCSBP Child only coverage due to automatic enrollment; however, he provided sufficient evidence of his and spouse desire to participate in RCSBP Spouse and Child coverage with a deferred annuity. Although Petitioner failed to make an election with 90-days of receiving his NOE and did not notify Navy Personnel Command (PERS-912) of his current marriage to within 1-year of their nuptials as required by reference (b), the Board felt, under these circumstances, relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner within 90-days of receiving NOE, elected RCSBP Option B (Deferred Annuity) Child only coverage naming as beneficiary at full retired pay level of coverage. Petitioner changed RCSBP Option B (Deferred Annuity) election from “Child” to “Spouse and Child” coverage naming and as the beneficiaries, at the same level of coverage as previously elected within 1-year of marriage on 6 October 2007. Note: Petitioner added as a beneficiary within 1-year of birth on 13 April 2015. 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. 8/21/2021 Deputy Director