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

From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD ICO , USN RET 

Ref: (a) Title 10 U.S.C. § 1552 
(b) DODFMR, Vol 7B, Chp 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 her naval record be corrected to reflect declined participation in the Survivor Benefit Plan (SBP). 

2. The Board, consisting of                         , reviewed Petitioner’s allegations of error and injustice on 14 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. However, a member with spouse or spouse and child coverage may suspend coverage within 1-year of decree or divorce, dissolution, or annulment, whichever is later. 

b. Petitioner married           on 5 September 2002 and divorced on 10 October 2009. Final Decree of Divorce did not direct SBP Former Spouse coverage. 

c. Petitioner married           on 19 April 2014, and signed a prenuptial agreement on that same day waiving any claim to each other’s retirement or retirement benefits. 

d. Petitioner transferred to Retired List effective 1 July 2019 and was automatically enrolled in SBP Spouse coverage. Note: Petitioner was unable to obtain spouse’s concurrence to decline SBP coverage prior to retirement. 

e. On 12 March 2020, The Circuit Court, Fourth Judicial Circuit, in and for  ,  ruled Petitioner’s prenuptial agreement of 19 April 2014 was valid and enforceable. Defense Finance and Accounting Service (DFAS) suspended SBP coverage effective the date of the court ruling. 

f. Petitioner divorced        on 21 August 2020. Consent Final Judgement of Dissolution of Marriage did not direct SBP Former Spouse 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 her desire to decline SBP coverage, and her spouse’s lack of merit to become a beneficiary of SBP coverage. Although the proper administrative requirements were not completed, 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 with spouse concurrence prior to transferring to the Retired List effective 1 July 2019. 

Note: Defense Finance and Accounting Service will complete an audit of Petitioner’s pay records to determine the amount of premium refund. 

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. 


8/13/2021