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 RET, XXX-XX- Ref: (a) Title 10 U.S.C. § 1552 (b) DODFMR, Vol 7B, Chapter 43 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 establish election of Reserve Component Survivor Benefit Plan (RCSBP) Former Spouse coverage. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 28 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), 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 6 May 1990. c. On 4 May 2010, Petitioner earned 20 total years of qualifying service. d. Petitioner transferred to the Retired Reserve without pay effective 1 October 2010. e. On 12 October 2010, 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. On 15 December 2010, Petitioner signed DD Form 2565-5, Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate electing Option C – Immediate Annuity, Spouse only coverage at full retired pay level of coverage. g. Petitioner divorced on 16 July 2018. Survivor Benefit Plan Former Spouse coverage was directed in Judgement of Absolute Divorce. h. On 5 March 2020, Petitioner signed DD Form 2656-6, Survivor Benefit Plan Election Change Certificate requesting to suspend coverage as a result of divorce. Navy Personnel Command received the form on 9 March 2020. i. On 13 March 2020, Petitioner signed 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage requesting to change election from SBP Spouse to Former Spouse coverage due to divorce. Former spouse, signed the form on 30 March 2020. 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 change election to RCSBP Former Spouse coverage as directed by the Judgement of Absolute Divorce within 1-year of divorce in accordance with reference (b). Although the 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 change RCSBP coverage from “Spouse” to “Former Spouse” naming as the beneficiary, at the same level of coverage as previously elected within 1-year of divorce on 16 July 2018. 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. 8/5/2021 Deputy Director