From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO , XXX XX USMC RET Ref: (a) Title 10 U.S.C. § 1552 (b) DODFMR Vol 7B, Chapter 43 (c) Title 31 U.S.C. § 3702 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 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 7 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. b. Reference (c), indicates claims against the government must be received by the official responsible or agency from which the claim arises within 6-years after the claim accrues. c. Petitioner transferred to the Temporary Disability Retired List (TDRL) effective 31 March 2013 and was automatically enrolled into SBP Spouse coverage. d. Petitioner transferred to the Permanent Disability Retired List effective 1 November 2015. e. Petitioner signed DD Form 2656-8, Survivor Benefit Plan (SBP) – Automatic Coverage Fact Sheet on 3 April 2020 indicating he was not married and had no dependent children. f. On 30 July 2020, the , Department of Health provided notification verifying, “no marriage could be located for in the ”. g. In October 2020, Defense Finance and Accounting Service (DFAS) discontinued SBP coverage and issued premium credit for the period of 16 April 2014 through 31 October 2020. However, in accordance with reference (c), DFAS did not issue refund of premiums for the period of 1 July 2013 through 15 April 2014. 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 determined Petitioner’s record reflects no evidence of him every being married and or having dependent children; therefore, found Petitioner was erroneously enrolled in SBP Spouse coverage and 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 prior to transferring to the TDRL effective 31 March 2013. Note: DFAS 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. 8/4/2021 Deputy Director