DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

Docket No. 4871-20
Ref:Signature  
 
Dear 
 
This is in reference to your application for correction of your spouse’s naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your spouse’s naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 16 June 2021.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your spouse’s naval record and applicable statutes, regulations and policies. 
 
You requested to establish entitlement to Survivor Benefit Plan (SBP) annuity.  The Board, in its review of your spouse’s entire record and your application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that Department of Defense Financial Management Regulation 7000.14-R outlines the requirements for SBP elections.  Specifically, the policy indicates the election to participate in or decline SBP coverage is irrevocable.  Additionally, spousal concurrence is required when the service member elects to decline coverage or provide the spouse with less that the maximum SBP coverage available.  A review of your spouse’s record indicates he transferred to the Fleet Reserve effective 1 July 1993.  Defense Finance and Accounting Service (DFAS) completed an audit of your spouse’s pay account and determined that at the time of retirement, he elected to decline participation in SBP coverage.  Additionally, there are no records of your spouse paying SBP premiums or electing to participate in SBP during an open season.  Moreover, your spouse was receiving Retiree Account Statements that reflect there was no SBP election reflecting on his account.  The Board concluded that had DFAS received and invalid DD Form 2656, Data for Payment of Retired Personnel, your spouse would have been automatically enrolled to participate in SBP coverage. 
 
You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.   
 
Sincerely, 

7/12/2021
Deputy Director