Docket No 3415-20 

 
Dear   
 
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. 
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 17 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 naval record and applicable statutes, regulations and policies. 
 
You request to decline participation in Reserve Component Survivor Benefit Plan (RCSBP)/Survivor Benefit Plan (SBP) coverage, and revoke your automatic enrollment in the Plan.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  The Board concluded that Department of Defense Financial Management Regulation 7000.14-R outlines the requirements for RCSBP and SBP elections.  Specifically, the policy indicates, members who are married or have a dependent child, and who receive notice of eligibility (NOE) for retired pay, after 1 January 2001, are automatically an immediate participant in RCSBP unless the member elects (with spousal concurrence) not to participate within 90-days of receiving the NOE.  A review of your record indicates you were issued your NOE on 12 July 2012.  The Board could not find nor did you provide any evidence of submitting an RCSBP declination with spousal concurrence within 90-days of receiving your NOE in 2012.  Therefore, you were automatically enrolled in RCSBP coverage as required by the aforementioned reference.  The Board noted that you transferred to the Retired Reserve (awaiting pay) effective 1 June 2020; however, you may discontinue SBP coverage within the allowable period of 25 to 36 months after receiving retired pay by submitting DD Form 2656-2 Survivor Benefit Plan (SBP) Termination Request to Defense Finance and Accounting Service. 
 
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, 
6/17/2021
Deputy Director