DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 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, Chapter 54 Encl: (1) DD Form 149 w/attachments (2) Subject’s naval record 1. Pursuant to the provisions of reference (a), Subject’s daughter, hereinafter referred to as Applicant, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that her father’s 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 25 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 Subject’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), 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. Subject married on 20 August 1982. c. Subject transferred to Retired Reserve without pay effective 1 February 1985 and elected Option C (Immediate Annuity) Spouse only coverage at the full retired pay level of coverage on 19 March 1985. d. Subject transferred to Retired Reserve with pay effective 15 January 2005. e. Subject divorced on 4 August 2006. Final Decree of Divorce directed Survivor Benefit Plan (SBP) coverage. f. Subject passed away on 19 February 2019. g. On 1 July 2019, Defense Finance and Accounting Service (DFAS) denied former spouse, annuity claim. 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 Subject failed to elect RCSBP/SBP Former Spouse coverage as directed by the Final Decree of Divorce within 1-year of divorce in accordance with reference (b). However, Subject continued to pay RCSBP and SBP premiums after his divorce and former spouse continued to be named as the annuitant. Although Subject did not complete the proper administrative requirements, the Board felt that under these circumstances, relief is warranted. RECOMMENDATION That Subject’s naval record be corrected, where appropriate, to show that: Subject elected to change RCSBP coverage from “Spouse” to “Former Spouse” naming as the beneficiary, at the same level of coverage as previously elected within 1-year of divorce on 4 August 2006. A copy of this Report of Proceedings will be filed in Subjects’ 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.