DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD. SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 5659-16 NOV 16 2016 From: Chairman, Board for Correction of Naval Records To: Secretary ofthe 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 ofreference (a) Subject' son, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show timely written request for conversion from spouse to former spouse coverage under the Survivor Benefit Plan (SBP) . 2. The Board, consisting of , reviewed Petitioner's , and allegations oferror and injustice on 25 August 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 ofthe enclosures, naval records, and applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts ofrecord pertaining to Petitioner's allegations of error and injustice, finds 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 ofrecord, the Board finds the existence of an injustice warranting the following corrective action. RECOMMENDATION: That Subject's naval record be corrected, where appropriate, to show that: a. The Subject changed his Survivor Benefit Plan (SBP) coverage from spouse to former spouse SBP coverage naming as the beneficiary, at the same level ofcoverage as previously elected, within one year of the date ofhis divorce (which was finalized on ). Any other election or declination executed by the Petitioner is null and void. b. Note: Subject died on c. The Defense Finance and Accounting System (DFAS) will audit the Subject's Survivor Benefit Plan account to determine if any unpaid premiums are owed due to this change of coverage. Subject is responsible for any unpaid SBP costs. No waiver of unpaid premiums will be granted. d. A copy ofthis Report ofProceedings will be filed in Subject's naval record. 4. It is certified that a quorum was presented at the Board's review and deliberations, and that the foregoing is a true and complete record ofthe Board's proceedings in the above entitled matter. 5. Pursuant to the Clelegation of authority set out in Sectio e revised Procedures of the Board for Correction ofNaval 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 Board on behalf ofthe Secretary of the Navy. Executive Director