Docket No: 6213-20
Ref: Signature Date

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

Subj:  REVIEW OF NAVAL RECORD ICO  , USN RET, XXX-XX-

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, filedenclosure (1) with the Board for Correction of Naval Records (Board), requesting that her navalrecord be corrected to reflect declined participation in the Survivor Benefit Plan (SBP).

2.The Board, consisting of, reviewedPetitioner’s allegations of error and injustice on 8 February 2021 and, pursuant to its regulations,determined that the corrective action indicated below should be taken on the available evidenceof record.  Documentary material considered by the Board consisted of the enclosures, relevantportions 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 oferror and injustice, found that, before applying to this Board, she exhausted all administrativeremedies available under existing law and regulations within the Department of the Navy.  TheBoard made the following findings:

a.In accordance with reference (b), SBP elections must be made prior to retired paybecoming payable. 

b.Petitioner married       on 3 July 2004.
c.Petitioner transferred to the Temporary Disability Retired List (TDRL) effective 30 June2006 and was automatically enrolled in SBP Spouse coverage. 
d.Petitioner transferred to the Permanent Disability Retired List effective 1 August 2010.
e.Petitioner and spouse signed the SBP Affidavit on 22 September 2020, stating that shereceived insufficient SBP information/counseling prior to date of retirement, and requested a change to her SBP election indicating that she declined SBP coverage.   
CONCLUSION 
 
Upon review and in 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 his spouse’s desire to decline SBP coverage prior to transferring to TDRL.  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 with spouse concurrence prior to transferring to TDRL effective 30 June 2006.  Note:  Defense Finance and Accounting Service will complete an audit of Petitioner’s pay records to determine amount of premiums 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.