DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

Dear   , 

This is in reference to your application for correction of your father’s naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your father’s 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 15 September 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 father’s 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 change your father’s record to reflect Survivor Benefit Plan (SBP) Former Spouse vice Spouse coverage.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions that your father did not intend to designate his widow as the beneficiary to his SBP.  The Board concluded Department of Defense Financial Management Regulation 7000.14R requires the Service member, or the former spouse to make a deemed election for SBP Former Spouse coverage within 1-year of date of the decree of divorce, dissolution, or annulment, whichever is later.  Additionally, the policy indicates unless a member elects not to cover a new spouse within 1-year after the marriage, spouse coverage automatically resumes at the first anniversary of the marriage.  A review of your father’s record indicates your mother attempted to deem SBP Former Spouse coverage by submitting the Domestic Relations Order dated 31 August 2010, prior to their Agreed Decree of Dissolution of Marriage dated 17 August 2011.  However, there is no record of either parent making a deemed election for SBP Former Spouse coverage within 1-year of their divorce.  Furthermore, there is no record of your father electing to not resume SBP Spouse coverage within 1-year of his second marriage, thereby rendering his widow as the qualified beneficiary of SBP annuity.

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.   

In the absence of sufficient new evidence for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 

Sincerely, 
9/15/2021
Deputy Director