DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3771-21 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO , USNR RET, Ref: (a) Title 10 U.S.C. § 1552 (b) DODFMR, Vol 7B 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, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to reflect his current spouse as Survivor Benefit Plan (SBP) beneficiary. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 25 June 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 the enclosures, 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: a. In accordance with reference (b), after 1 January 2001, a member who is married or has a dependent child, and who receives notice of eligibility (NOE) for retired pay is automatically enrolled in Reserve Component Survivor Benefit Plan (RCSBP) coverage unless with spouse concurrence declines, defers or delays coverage within 90-days of receiving NOE. A member who acquires a new spouse and/or child after retirement must make an election within 1 year of the event. However, the surviving spouse must have been married to the member for at least 1­year. b. Petitioner married on 16 June 1972. c. On , Petitioner issued Notification of Eligibility (NOE) to Receive Retired Pay at Age 60 and for Participation in Reserve Component Survivor Benefit Plan (RCSBP). d. Petitioner’s divorced from on 2 September 1992. The Judgement of Divorce does not direct RCSBP coverage for former spouse. However, Petitioner had three minor children, dates of birth: , , and . e. Petitioner transferred to the Retired Reserve with pay effective 28 October 2005; currently reflects no beneficiary and no premiums paid. f. Petitioner married on 27 September 2013. g. On 21 July 2017, Defense Finance and Accounting Service (DFAS) disapproved Petitioner’s request to add current spouse as SBP beneficiary. h. Petitioner divorced on 26 April 2021. The Final Judgment of Divorce does not direct SBP coverage for former spouse. i. Petitioner remarried 2 June 2021. 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 that he wished to elect SBP coverage for his current spouse. However, Petitioner failed to notify DFAS 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 elected SBP Spouse coverage naming the beneficiary, at full level of coverage, within 1-year of marriage on 28 September 2013. Petitioner suspended SBP Spouse coverage upon divorcing on 26 April 2021. Petitioner elected SBP Spouse coverage naming the beneficiary, at full level of coverage, upon remarriage on 2 June 2021. No waiver of premiums authorized. 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. 7/23/2021