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 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, filedenclosure (1) with the Board for Correction of Naval Records (Board), requesting that his navalrecord be corrected to reflect current spouse as Survivor Benefit Plan (SBP) beneficiary.

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, he exhausted all administrativeremedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings:

a.In accordance with reference (b), a member who is participating with spouse or spouse andchild coverage and who does not an eligible spouse beneficiary may, upon remarriage: resume coverage, increase the leave of coverage up to and including full retired pay, or elect not have spouse coverage resumed.  Unless a member elects not to cover the new spouse with 1 year after marriage, spouse coverage automatically resumes at the first anniversary of marriage. 

b.Petitioner married on 30 March 1977; they divorced on 20 October 1986.The divorce decree did not direct SBP Former Spouse coverage.  

c.Petitioner married  on 22 September 1988; they divorced on
26 September 1989.  The divorce decree did not direct SBP Former Spouse coverage. 

d.Petitioner married  on 14 October 1989.

e.Petitioner transferred to the Fleet Reserve effective 1 October 1994 and was automaticallyenrolled in SBP Spouse coverage. 

f.Petitioner divorced on 11 August 1997.  The divorce decree did not direct SBP Former Spouse coverage.  HUNT indicates SBP coverage was suspended effective the same day. 

g.Petitioner married on 4 December 2000.

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 that Petitioner provided sufficient evidence to establish his participation in SBP since retirement in 1994, but failed to notify Defense Finance and Accounting Service of current marriage to  within 1-year of their nuptials.  Although Petitioner did not complete the proper administrative requirements in a timely manner, the Board concluded that relief is warranted. 

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that: 
Petitioner resumed SBP Spouse coverage naming  as the beneficiary, at the same level of coverage as previously elected within 1-year of marriage on 4 December 2000. 

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 theforegoing 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 theBoard 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 foregoingcorrective action, taken under the authority of the reference, has been approved by the Board onbehalf of the Secretary of the Navy.

Deputy Director