From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO USNR RET, XXX-XX- Ref: (a) Title 10 U.S.C. § 1552 (b) DoDFMR, Vol 7B, Chp 54 Encl: (1) DD Form 149 w/attachments (2) DEERS Screenshots (3) Divorce Judgment of 10 Oct 90 (4) Statement of Service of 25 Jun 01 (5) NRPC ltr 1820 N2 of 25 Jun 01 (6) NRPC ltr 1772 N222/ of 5 Jul 01 (7) Mail Delivery Confirmation of 16 Jul 01 (8) Retired Reserve (without pay) Orders of 7 Jan 04 (9) DD Form 2656 of 4 Jun 19 (10) Retired Reserve (with pay) Orders of 3 Oct 19 (11) NPC ltr 1001 PERS-912E of 3 Oct 19 (12) SBP Affidavit of 24 Dec 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 (12), 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), any member who is notified of his or her completion of the years of service required for retired pay eligibility for non-regular retirement may elect to participate in RCSBP before the end of the 90-day period. A member who is married or has a dependent child, and who receives notice of eligibility for retired pay, after 1 January 2001, is automatically an immediate participant in RCSBP unless the member elects (with spousal concurrence, if required) not to participate or to defer the decision or delay coverage before the end of the 90-day period. c. Petitioner married on 15 June 1985. See enclosure (2). d. Petitioner divorced on 10 October 1990. Divorce Judgment does not direct SBP Former Spouse coverage. See enclosures (2) and (3). e. Petitioner married on 15 January 2000. See enclosure (2). f. Petitioner earned 20 total years of qualifying service on 31 March 2001. See enclosure (4). g. Petitioner was issued Notification of Eligibility (NOE) to Receive Retired Pay at Age 60 and Participate in Reserve Component Survivor Benefit Plan (RCSBP) on See enclosure (5). h. Petitioner’s Spouse issued information letter regarding RCSBP on 5 July 2001. See enclosure (6). i. On 16 July 2001, NOE was delivered and received signed for by See enclosure (7). j. Petitioner transferred to the Retired Reserve without pay effective 1 February 2004. See enclosure (8). k. Petitioner submitted DD Form 2656, Data for Payment of Retired Personnel declining to participate in SBP with spouse concurrence on 4 June 2019. See enclosure (9). l. Petitioner transferred to the Retired Reserve with pay effective 17 September 2019. See enclosure (10). m. On 3 October 2019, Navy Personnel Command notified Defense Finance and Accounting Service of Petitioner’s automatic enrollment in RCSBP Spouse and Child coverage effective 23 September 2001. See enclosure (11). n. Petitioner and spouse signed SBP Affidavit before a notary witness on 24 December 2020 declining SBP coverage. See enclosure (12). 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 provided sufficient evidence to reflect his and his spouse’s desire to decline RCSBP and SBP coverage. MAJORITY RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner elected to decline participation in RCSBP with spouse concurrence within 90 days of receiving the NOE dated 25 June 2001 vice automatic enrollment in RCSBP and SBP. Note: Defense Finance and Accounting Service 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 received the NOE letter dated 25 June 2001 and failed to make an election within 90 days, thereby automatically enrolled in RCSBP and 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)