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 ,  USMC RET 

Ref: (a) Title 10 U.S.C. § 1552 
(b) DoD FMR, Vol 7B, Chapter 43 
(c) NDAA FY16, PL114-92 

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 and Children coverage. 

2. The Board, consisting of                      , reviewed Petitioner’s allegations of 
error and injustice on 7 July 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. Additionally, reference (c), amended SBP to allow members to elect spouse coverage after the death of a former spouse effective 25 November 2015. 

b. Petitioner transferred to the Retired List effective 1 July 1988 and enrolled in SBP Spouse coverage. 

c. Petitioner divorced           on 9 June 1995 and changed his election from SBP Spouse 
to Former Spouse coverage. 

d. Petitioner married        on 2 May 1998. 

e. Petitioner changed his SBP coverage from Former Spouse to Spouse and Children on 

1 January 2006 during the SBP open enrollment season. 

f. Petitioner’s former spouse,            passed away on 18 October 2010; death certificate was provided to Defense Finance and Accounting Service (DFAS) in November 2010. 

g. Petitioner divorced            on 17 October 2017. SBP Former Spouse coverage was directed in divorce decree. 

h. Petitioner and               signed DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage on 15 April 2019 requesting to change SBP coverage to Former Spouse and Children coverage; DFAS denied the request due to untimely submission. 

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 Judgement for Dissolution of Marriage within 1-year of divorce in accordance with reference (b). Although the 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 change SBP coverage from “Spouse and Children” to “Former Spouse and Children” naming           as the beneficiaries, at the same level of coverage as previously elected within 1-year of divorce on 17 October 2017.

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. 

 
8/4/2021X
Deputy DirectorSigned by: