From: To:

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

JLB
Docket No. 5372-15
18 Mar 16

Chairman, Board for Correction of Naval Records Secretary of the Navy

Subj:	REVIEW OF NAVAL RECORD ICO

Ref:	(a) Title 10 U.S.C. 1552

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 this Board requesting, in effect, that the applicable naval record be corrected to show the Petitioner declined enrollment in the Reserve Component Survivor Benefit Plan (RCSBP) and the Survivor Benefit Plan (SBP) .

2 .	The Board,	-	-
reviewed Petitioner 's allegations of error and injustice on
18 March 2016 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, naval records, 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: before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.

CONCLUSION

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following
corrective   act ion . ,

Docket No. 5372-15

RECOMMENDATION :

That Petitioner's naval record be corrected, where appropriate, to show that:

a.	Within ninety (90) days of receipt of the	otification of Eligibility (NOE) to Receive Retired Pay at Age 60 Letter dated
12 July 2007, Petitioner declined enrollment in RCSBP .with spouse concurrence. Note: NOE letter enclosure ('Statement of service for Navy Reserve R.etirement) is dated 12 July 2007.

b.	Prior to receipt of retired pay at age 60 (which occurred on
s May 2015), Petitioner declined enrollment in SBP with spouse
concurrence.	Arly  other election or declination executed by Petitioner is null .and void .

c.	A copy of this Report of Proceedings will be filed in Petitioner's naval record.

4.	It is certified that 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 
5.	Pursuant to the delegation of	tion 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 reference (a), has been approved by the Bo rd on behalf of the Secretary of the Navy .

.	-. - .,
Executive Director

, 2016

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