DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490  
 
 ,  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your 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 1 September 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 naval record and applicable statutes, regulations, and policies.  
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You requested to elect Survivor Benefit Plan (SBP) Spouse coverage.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  The Board concluded Department of Defense Financial Management Regulation 7000.14-R indicates if on the date of retirement, the member has no eligible spouse; the member may elect SBP spouse coverage within 1-year of marriage.  However, the member may not reduce the level of SBP coverage nor may child coverage be eliminated.  Additionally, Public Law 108-1375 authorized an SBP open enrollment from 1 October 2005 through 
30 September 2006, under Title 10 U.S.C. § 1448.  A review of your record indicates you elected SBP Children coverage at a reduced base amount of $300.00 on 15 August 2000 and you were not married at the time of your transfer to the Fleet Reserve effective 1 January 2001.  SBP Children coverage premiums were deducted from your retired pay from 1 January 2001 until suspended on 1 July 2017; time in which your youngest child aged out as an eligible SBP beneficiary.  Moreover, there is no indication in your record of an attempt to cover your spouse within 1-year from the date of your 10 April 2001 marriage, nor is there record of you taking advantage of the open enrollment period, thereby rendering you ineligible to elect SBP Spouse coverage at this time. 
 
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, 
10/07/2021
Deputy Director