From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO  USN 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 her naval record be corrected to reflect declined participation in the Survivor Benefit Plan (SBP). 
                                              
2.  The Board, consisting of Ms. , Ms. , and Ms.  reviewed Petitioner’s allegations of error and injustice on 4 August 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, she 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.  Petitioner married  on 27 June 2015. 
 
     c.  On 18 April 2017, Petitioner signed DD Form 2656, Data for Payment of Retired electing not to participate in SBP coverage; the form was witness the same date but subsequently a pen and ink change was made indicating date signed as 19 May 2017. 
 
     d. Petitioner transferred to the Temporary Disability Retired List (TDRL) effective 28 April 2017 and was automatically enrolled in SBP Spouse coverage. 
 
     e.  On 19 May 2017, Petitioner’s spouse signed DD Form 2656, Data for Payment of Retired Personnel concurring with the SBP election made by his spouse.  However, the notary witness dated the form 19 May 2017. 
 
     f.  On 18 May 2019, Petitioner and spouse signed DD Form 2656-2, Survivor Benefit Plan (SBP) Termination Request before a notary witness; SBP Spouse coverage discontinued on 25 May 2019. 
 
     g.  On 26 July 2019, Petitioner and spouse signed SBP Affidavit before a notary witness electing to decline SBP 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 provided sufficient evidence to reflect her and spouse’s desire to decline SBP coverage prior to transferring to the TDRL.  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 to decline participation in SBP with spouse concurrence prior to transferring to the TDRL effective 28 April 2017.   
 
Note:  Defense Finance and Accounting Service 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. 

9/8/2021
Deputy Director