DEPARTMENT OF THE NAVY 

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

Docket No. 2540-16 
6 Jul 16 

Dear 

This is in reference to your application for correction ofyour decease.d former husband's naval 
record pursuant to the provisions of 10 USC 1552. Your case was reconsidered in accordance 
with new Board for Correction ofNaval Records procedures that conform to 
Lipsman v. Secretary ofthe Army, 335 F. Supp. 2d 48 (D.D.C. 2004). You were previously 
denied relief by this Board on 9 March 2015. 

A three-member panel of the Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 25 May 2015. Your allegations of error and injustice were 
reviewed in accordance with administrative regulations and procedures applicable to the 
proceedings ofthis Board. Documentary material considered by the Board consisted ofyour 
application, together with all material submitted in support thereof, your deceased former 
husband's naval record and applicable statutes, regulations and policies. However, after careful 
and conscientious consideration of the entire record, the Board determined that while your 
request does contain new information not previously considered by the Board, specifically your 
letter dated 10 August 2015 with enclosures (I) through (II), your letter dated 22 March 2016, 
and all materials you provided via e-mail correspondence, it does not warrant relief. 
Accordingly, your request has been denied. The names and votes of the members of the panel 
will be furnished upon request. 

The Board carefully considered your contention that you were not counselled regarding the 
requirements established in the Survivor Benefit Plan. The Board considered that your divorce 
decree awarded you 42.5% ofyour former spouse's retired pay and that at the time of your 
divorce, former spouse coverage was not yet established under the SBP. Lastly, the Board took 
into account the evidence you provided to demonstrate that as your former spouse's Conservator, 
you provided him physical, emotional, and financial support. However, the Board felt that 
because your former spouse did not elect former spouse coverage during the three open 
enrollment periods available subsequent to your divorce, nor did he pay SBP premiums for 
former spouse coverage, there is no evidence of his intent to provide such coverage. 

It is regrettable that the circumstances of your case are such that the Board will not process any 
additional reviews and this matter is considered a final action. However, ifyou wish to continue 
to seek relief you will need to present your concerns to a court ofappropriate jurisdiction. 

Sincerely, 


Executive Director