Docket No. 341-20
Ref: Signature Date
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO , USNR RET, XXX-XX-  
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) DoDFMR, Vol 7B, Chp 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 this Board requesting, in effect, that the applicable naval record be corrected to reflect election of Survivor Benefit Plan (SBP) Former Spouse coverage.  
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 17 December 2020 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), a member with spouse or spouse and child coverage may, within 1 year of date of the decree of divorce, dissolution, or annulment, whichever is later, change that election to provide an annuity to a former spouse or to a former spouse and child.    
 
    b.  Petitioner married  on 30 November 1991. 
 
    c.  Petitioner was issued Notification of Eligibility (NOE) to Receive Retired Pay at Age 60 and Participate in the Reserve Component Survivor Benefit Plan (RCSBP) on 30 October 2003.  
 
    d.  Petitioner divorced  on13 May 2004.  Final Judgement for Dissolution of Marriage incorporated the Marital Settlement Agreement of 13 April 2004 into the Judgment, which directed SBP Former Spouse coverage. 
 
    e.  Petitioner married  on 6 August 2005. 
 
    f.  Petitioner signed DD Form 2656-5, Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate and elected SBP Option B (Deferred Annuity), Spouse only at full retired pay level of coverage on 1 October 2008. 
 
    g.  Petitioner transferred to the Retired Reserve without pay effective 1 November 2008. 
 
    h.  Petitioner transferred to the Retired Reserve with pay effective 28 December 2017. 
 
    i.  Former spouse,  signed DD Form 2656-10, Survivor Benefit Plan (SBP) Reserve Component (RC) SBP Request for Deemed Election on 27 September 2018. 
 
    j.  On 4 December 2020, Petitioner and current spouse signed SBP Affidavit before a notary witness electing 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 failed to elect RCSBP Former Spouse coverage as directed by the Final Judgement for Dissolution of Marriage.  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 RCSBP Option C (Immediate Annuity), Former Spouse coverage naming  as the beneficiary, at the full retired pay level of coverage within 90-days of receiving notification to participate in the RCSBP.  All other elections are null and void. 
 
Note:  No waiver of unpaid premiums will be granted. 
                                                             
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.