DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 5735-20 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 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 reflect declined participation in the Survivor Benefit Plan (SBP). 2. The Board, consisting of , , and 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), SBP elections must be made prior to retired pay becoming payable and the election to participate in or decline SBP is irrevocable. b. Petitioner married on 10 February 1984. c. Petitioner and spouse signed DD Form 2565, Data for Payment of Retired Personnel on 16 February 2003 but failed to make an election in Block 26 (Beneficiary Category) except to indicate, “do not have eligible dependents under the plan”. Additionally, the form was not witnessed until 20 February 2003. d. Petitioner transferred to the Fleet Reserve effective 1 June 2003. e. On 4 May 2017, Defense Finance and Accounting Service (DFAS) made a retroactive change to Petitioner’s SBP coverage upon discovering he should have been automatically enrolled as a result of DD Form 2656, Data for Payment of Retired Personnel being deemed invalid. f. Petitioner submitted DD Form 2786, Waiver/Remission of Indebtedness on or about 25 May 2017 the request was denied on 24 January 2018. g. Petitioner and spouse signed SBP Affidavit on 28 May 2021 before a notary witness electing to decline SBP coverage. 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 provided sufficient evidence to reflect his and spouse’s desire to decline SBP coverage prior to transferring to the Fleet Marine Corps Reserve. 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 to decline participation in SBP coverage with spouse concurrence prior to transferring to the Fleet Reserve effective 1 June 2003. Note: DFAS will complete an audit of Petitioner’s pay records to determine if premiums are to be refunded. 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. 8/4/2021 Deputy Director