From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO    
 
Ref:   (a) Title 10 U.S.C. § 1552 
 (b) DoDFMR, Vol 7B, Ch 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 reflect election of Survivor Benefit Plan (SBP) Former Spouse coverage.  
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 7 January 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 9 September 1967. 
 
     c.  Petitioner transferred to the Permanent Disability Retired List (PDRL) effective 13 August 1994. 
 
     d.  Petitioner was automatically enrolled in SBP Spouse coverage effective 5 November 1994.   
 
     e.  Petitioner divorced  on 15 April 2004.  Final Judgment of Dissolution of Marriage directed SBP Former Spouse coverage. 

     f.  Petitioner married  on 26 July 2016. 
 
     g.  Petitioner submitted DD 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage, electing Former Spouse coverage on or about 2 December 2019. 
 
     h.  On 20 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 SBP 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 changed SBP election from “Spouse” to “Former Spouse” coverage naming   as the beneficiary, at the full gross pay level of coverage, within 1-year of date of divorce on 15 April 2004. 
 
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.