From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO XXX XX USMC RET Ref: (a) Title 10 U.S.C. § 1552 (b) DoDFMR Vol 7B Chp 43 Encl: (1) DD Form 149 (2) DEERS Screenshots (3) DD Form 214 (4) HUNT Screenshot (5) DFAS Invoice of 5 May 20 (6) DFAS Invoice of 5 Aug 20 (7) SBP Affidavit of 15 May 20 (8) HQMC ltr 1850 MMSR-4 of 21 May 20 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 his naval record be corrected to reflect declined participation in the Survivor Benefit Plan (SBP). 2. The Board, reviewed Petitioner's allegations of error and injustice on 14 January 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 enclosures (1) through (8), 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, finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. In accordance with reference (b), in the case of a member electing a standard SBP annuity, the member must make such election before retired pay becomes payable. c. Petitioner married on 24 February 2016. See enclosure (2). d. Petitioner was transferred to the Temporary Disability Retired List (TDRL) effective 31 October 2017 and was automatically enrolled in SBP. See enclosures (3) and (4). e. Defense Finance Accounting Service (DFAS) issued Petitioner invoices for outstanding SBP premiums on 5 May 2020 and 5 August 2020. See enclosures (5) and (6). f. On 15 May 2020, Petitioner and spouse signed SBP Affidavit before a notary witness declining SBP Spouse coverage. See enclosure (7). g. On 21 May 2020, Petitioner was issued notification of transfer to the Permanent Disability Retired List (PDRL) effective 1 June 2020. See enclosure (8). MAJORITY CONCLUSION Upon review and consideration of all the evidence of record, the majority Board members concluded Petitioner’s request warrants favorable corrective action. In this regard, the majority Board members felt Petitioner did not have knowledge of SBP enrollment because she was not receiving monthly payments from DFAS, and therefore was not receiving monthly retirement account statements. Petitioner became aware of the debt after receiving correspondence from DFAS. The majority concluded Petitioner provided sufficient evidence to reflect her and her spouse’s desire to decline SBP coverage. MAJORITY 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 on 31 October 2017. Note: DFAS will complete an audit of Petitioner’s pay records to determine if premiums are to be refunded. MINORITY CONCLUSION Upon review and consideration of all the evidence of record, the minority Board member concluded Petitioner’s request does not warrant favorable corrective action. In this regard, the minority Board member felt Petitioner failed to make an election prior to transfer to the TDRL and was automatically enrolled in SBP in accordance with reference (b). MINORITY RECOMMENDATION Petitioner’s request be denied. 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. The foregoing action of the Board is submitted for your review and action. 2/9/2021 Executive Director Assistant General Counsel (Manpower and Reserve Affairs) Reviewed and Approved Majority Board Recommendation (Grant Relief) 2/11/2021 Assistant General Counsel (M&RA)