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

Docket No. 9649-16  

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/attachments 
(2) NPC memo dtd 3 Mar 17
(3) 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 timely written request to elect spouse coverage under the Survivor Benefit Plan (SBP) prior to retirement, suspend spouse coverage upon the date ofdivorce to the first spouse, and resume spouse coverage under the Survivor Benefit Plan (SBP) within one year of the marriage to the second spouse. 

2. The Board, consisting of [NAMES REDACTED] reviewed Petitioner's allegations oferror and injustice on 17 May 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. In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner's application has commented to the effect that the request has merit and warrants favorable action. 

c. On [REDACTED], Petitioner transferred to the Fleet Reserve and declined SBP coverage without his spouse's consent. Note: Public Law 99-145 dated 8 November 1985 requires spouse consent to decline SBP coverage. 

d. On [REDACTED], Petitioner and [NAME REDACTED] were divorced. The court did not order former spouse SBP coverage. 

e. On [REDACTED], Petitioner and [NAME REDACTED] were married. 

CONCLUSION

Upon review and consideration of all the evidence ofrecord, and especially in light of the 
contents of enclosure (2), 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: Prior to his 31 January 1996 transfer to the Fleet Reserve, Petitioner elected Survivor Benefit Plan (SBP) full spouse coverage, naming [NAME REDACTED] as the annuitant. 

The Petitioner suspended Survivor Benefit Plan (SBP) full spouse coverage, naming , within one year ofthe date ofthe divorce (which occurred on [REDACTED]). 

The Petitioner elected Survivor Benefit Plan (SBP) full spouse coverage, naming [NAME REDACTED], within one year ofthe date ofthe marriage (which occurred on [REDACTED]). 

Petitioner is responsible for unpaid SBP costs that would have been deducted beginning the day 
after transfer to the Fleet Reserve until his divorce from [NAME REDACTED] and from the first day of the thirteenth month following his marriage to [NAME REDACTED]. No waiver of unpaid premiums will be granted. 

A copy of this Report ofProceedings 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 ofthe Board's proceeding entitled matter. 

5. Pursuant to the delegation of authority set out in Section 6 e o the revised Procedures of the Board for Correction of Naval 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 of the Secretary of the Navy. 

Executive Director