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 8 February 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.   
 
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 requested to have your record corrected to reflect a reduced Survivor Benefit Plan (SBP) base amount coverage for your former spouse.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  A review of your record indicates the following: 
 
On 30 September 2016, you divorced your former spouse .  SBP Former Spouse coverage was directed in the divorce decree; 
 
On 9 May 2019, you completed DD Form 2656, Data for Payment of Retired Personnel and elected SBP Former Spouse coverage, but also elected to decline SBP participation.  Additionally, you failed to make an SBP level of coverage election;  
 
On 27 July 2019, you married ; and  
 
Effective 1 September 2019, you transferred to the Retired List and was enrolled in SBP Former Spouse coverage as requested. 
  
However, the Board concluded that the “Partial Agreement” dated 16 July 2016 incorporated into your “Final Decree of Divorce ” of 30 September 2016 was not clear on the SBP level of coverage your former spouse should receive.  Therefore, in an effort not to undermine the court order intent, the Board recommends you seek an amendment from the court that stipulates the SBP level of coverage as outlined on DD Form 2656, Data for Payment of Retired Personnel.   
 
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,