DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON; VA 22204-2490 Docket No. 6997-16 DEC 01 2016 From: Chairman, Board for Correction ofNaval 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 of reference (a) Subject's 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 allegations oferror and injustice on 22 September 2016 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence 9f 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 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 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 executed a written request for conversion from spouse to former spouse SBP coverage, at the same level of coverage as previously elected, naming as the beneficiary. The request was received by cognizant authority and became effective the day following the date of divorce. b. The request was in compliance with a court order. c. Subject died on d. SBP premiums which would have been deducted from Subject's retired pay since their divorce will be deducted from the annuitant's future benefits. e. A copy ofthis Report of Proceedings will be filed in the 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 delegation ofauthority set out in Section o the revised Procedures of the Board for Correction ofNaval Records (32 Code ofFederal 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 ofreference (a), has been approved by the Board on behalf ofthe Secretary of the Navy. Executive Director