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, Chp 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 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 22 April 1969. 
 
     c.  Petitioner divorced  on 14 June 1985. 
 
     d.  Petitioner married  on 23 July 1988. 
 
     e.  Petitioner transferred to the Fleet Reserve effective 1 October 1991 and was enrolled in SBP Spouse coverage. 
     f.  Petitioner divorced  on 15 September 2016.  , in and for , Order for the Division of Military Retired Pay awarded SBP Former Spouse coverage. 
 
     g.  Petitioner signed and submitted DD Form 2656-10, Survivor Benefit Plan (SBP)/Reserve Component (RC) Request for Deemed Election on or about 12 December 2016.  However, Section III was incomplete and former spouse was required to sign the form, not Petitioner, thereby invalidating the election. 
                                
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 Order for the Division of Military Retired Pay.  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 SBP Former Spouse coverage naming  as the beneficiary, at the full retired pay level of coverage within 1-year of the divorce date on 15 September 2016.  All other elections are null and void. 
 
Note:  No waiver of unpaid premiums will be granted. 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
                                                            
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.