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

 
 
Dear  , 
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  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 was 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 21 July 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 establish Survivor Benefit Plan (SBP) coverage for your current spouse.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  The Board concluded Department of Defense Financial Management Regulation 7000.14-R indicates if on the date of retirement, the member has no eligible spouse and declines coverage for an eligible child, the member may elect SBP spouse coverage within 1-year of marriage.  However, a review of your record indicates you divorced your former spouse on 17 May 2000.  Subsequent to those proceedings, an amendment to your divorce decree was ordered on 17 April 2003 directing SBP Former Spouse coverage at the maximum annuity allowed.  Therefore, the Board felt that establishing SBP coverage for your current spouse would be undermining the court order and recommend you submit a new DD Form 149 to correct your record to reflect SBP Former Spouse coverage. 
 
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, 
8/12/2021
Deputy Director