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 USN RET, Ref: (a) Title 10 U.S.C. § 1552 (b) DODFMR, Vol 7B, Chapter 43 (c) DD Form 2656 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 that he declined participation in the Survivor Benefit Plan (SBP). 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), SBP elections must be made prior to retired pay becoming payable and the election to participate in or decline SBP is irrevocable. Reference (c), Part V (Spouse SBP Concurrence) specifies “The date of the spouse’s signature in Block 41c MUST NOT be before the date of the member’s signature in Block 39c, or on or after the date of retirement listed in Part I, Section I, Block 4”. b. Petitioner married on 15 August 2005. c. On 30 May 2018, Petitioner’s spouse signed DD Form 2656, Data for Payment of Retired Personnel before a notary witness “concurring with the SBP election” made by his spouse. d. On 31 May 2018, Petitioner signed DD Form 2656, Data for Payment of Retired Personnel electing not to participate in SBP. e. Petitioner transferred to the Fleet Reserve effective 1 October 2018. f. Petitioner divorced on 26 May 2020. Final Judgement of Divorce does not direct SBP Former Spouse coverage. 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 Petitioner provided sufficient evidence to reflect his and former spouse’s desire to decline SBP coverage prior to transferring to the Fleet Reserve. 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 the Fleet Marine Corps Reserve effective 1 October 2018. Note: Defense Finance and Accounting Service will complete an audit of Petitioner’s pay records to determine if premiums are 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. 8/13/2021 Deputy Director