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

Docket No. 549-20 
Ref: Signature Date 

Dear , 

This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your 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 24 May 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 naval record and applicable statutes, regulations and policies. 

You requested to change the record to reflect declining to make an election for Survivor Benefit Plan (SBP) coverage until in receipt of retired pay and you request reimbursement of Reserve Component Survivor Benefit Plan (RCSBP) premiums paid. Additionally, you requested to elect SBP Spouse and Child coverage at the reduced base amount of $2,400 upon receiving retired pay. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions. The Board concluded that Department of Defense Financial Management Regulation 7000.14­R specifies the requirements for RCSBP and SBP elections. Specifically, the policy indicates, members who are married or have a dependent child, and who receive notice of eligibility (NOE) for retired pay, after 1 January 2001, are automatically an immediate participant in RCSBP unless the member elects (with spousal concurrence) not to participate within 90-days of receiving the NOE. Additionally, the policy specifies when SBP Former Spouse coverage is in place, and the former spouse remarries (prior to age 55), the coverage is suspended. If the former spouse’s marriage end through death or divorce, former spouse coverage is unsuspended and resumes. Furthermore, Department of Defense Instruction (DODI) 1332.42 states that the full base amount may not be reduced for members who are automatically covered under RCSBP. However, DODI 1332.48 outlines provisions for changing from Spouse to Former Spouse coverage after retirement or receipt of NOE but stipulates there is no option to change the level of coverage (i.e. base amount) for an election. 

A review of your record indicates your Notification of Entitlement to Retired Pay at Age 60 and Eligibility to Participate in the Reserve Component Survivor Benefit Plan (RCSBP) was issued to you on 23 January 2006. At the time of issuance, you were married with three children. On 14 July 2006, Headquarters Marine Corps notified you of being automatically enrolled in “Option C (Immediate Annuity)” as a result of not receiving an election from you within 90-days. Subsequently, your divorce to Former Spouse was made final on 18 January 2007; however, a Military Qualifying Court Order was entered on 22 June 2007 that directed RCSBP Former Spouse coverage at a reduced base amount of $1,500. Your former spouse remarried on 7 July 2007, at that time she was 49 years old. Thereafter, you remarried to your current spouse on 29 July 2007 and your youngest child was born on 2 February 2008. On 1 September 2015, you transferred to the Retired Reserve awaiting pay at age 60. On 16 August 2018, you submitted DD Form 2656, Data for Payment of Retired Personnel requesting to elect current Spouse and Child coverage at the reduced amount of $2,400. On 26 December 2018, you transferred to the Retired Reserve with pay and premium deductions for RCSBP and SBP at the full retired pay level of coverage began.
 
The Board noted that you submitted a 30 January 2019 Amended Military Qualifying Order which modified your Judgment of Divorce. The Amended Military Qualifying Order states that Former Spouse “remarried at age 47 and is ineligible” for the RCSBP annuity. Accordingly, the Board found that since your former spouse was under the age of 55, entitlement to RCSBP/SBP was suspended not terminated per the abovementioned references. 
In consideration of your request, the Board also noted that your HUNT file reflects your current spouse and your minor child as your SBP beneficiaries; therefore, no action is necessary to change or correct your preferred beneficiaries for SBP. With regard to your request to elect reduced coverage of $2,400, the Board found that since you were properly automatically enrolled in RCSBP following the issuance of NOE in 2006, you were correctly enrolled at the full retired pay level of coverage and under your circumstances, a reduction to that full amount is prohibited by the aforementioned regulations. Consequently, the Board found that corrective action is not warranted. Since RCSBP benefits appear to have been afforded to you from the time of your eligibility, the Board found that premium refund is not warranted. 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

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, 
6/23/2021 

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