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

Docket No. 9391-16  
APR 17 2017 
 
From: Chairman, Board for Correction ofNaval Records  
To:  Secretary of the Navy  

Subj:  REVIEW OF NAVAL RECORD ICO  

Ref: (a) Title 10 U.S.C. 1552 
Encl: (1) DD Form 149 w/attachrnents 
(2) Subject's naval record 

1. Pursuant to the provisions ofreference (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 timely written request for conversion from spouse to former spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP). 

2. The Board, consisting of [NAME REDACTED], reviewed Petitioner's allegations oferror and injustice on 9 February 2017 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: 

a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department ofthe Navy. 

b. On I January 1999, Petitioner retired awaiting pay at age 60. 

c. On 4 January 1999, Petitioner received his Notice of Eligibility (NOE) to Transfer to the Retired Reserve and Participation in the RCSBP and elected Option C, full retired pay, spouse coverage. 

d. On [REDACTED], Petitioner and his spouse got divorced. The court ordered former spouse RCSBP coverage. 

e. On [REDACTED], the court issued a "Findings of Fact," which further clarified the requirement to provide former spouse RCSBP coverage. 

f. Petitioner turned 60 years old on [REDACTED] and began receiving retirement pay. 

g. On 11 October 2013, Petitioner and former spouse signed the paperwork to deem the SBP annuity election, however, because the paperwork was signed and submitted more than one year from the initial divorce order, DF AS rejected the paperwork. On or about 15 October 2013, DFAS suspended SBP coverage, as neither party elected former spouse coverage within one year ofthe divorce. 

CONCLUSION 

Upon review and consideration of all the evidence of record, and especially in light ofthe court order, the Board finds the existence of an injustice warranting the following corrective action. 

RECOMMENDATION: 

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

a. The Petitioner changed his Reserve Component Survivor Benefit Plan (RCSBP) coverage 

from spouse to former spouse RCSBP coverage naming [NAME REDACTED]as the beneficiary, at the same level of coverage as previously elected, within one year ofthe date of their divorce (which was finalized on 17 February 2012). Any other election or declination executed by the Petitioner is null and void. 

b. This is in compliance with a court order. 

c. Petitioner is responsible for any unpaid RCSBP/SBP costs that would have been continued to be deducted after their divorce. No waiver of unpaid costs will be granted. 

d. 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 the above entitled matter. 

5. Pursuant to the delegation ofauthority set out in Section 6 e o the 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 of the Secretary of the Navy. 

Executive Director