DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No. 1224-17 
From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy  

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, 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 Reserve Component Survivor Benefit Plan (RCSBP) within one year of the marriage. 

2. The Board, consisting of                           , reviewed Petitioner's 
allegations of error and injustice on 6 July 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 of the Navy. 

b. On 13 March 2001, Petitioner received his Notice of Eligibility (NOE) to participate in the RCS BP. 

c. On 11 June 2001, Petitioner was automatically enrolled in "child only" RCSBP coverage due to the Defense Finance and Accounting Service (DFAS) not receiving an election with 90 days ofthe receipt of the letter. Petitioner was unmarried at the time. 

d. Petitioner married on 20 July 2001. 

e. Petitioner transferred to retired reserve status without pay on 1 December 2002. 

f. Petitioner was authorized retired pay on 15 June 2016. 

CONCLUSION 

Upon review and consideration of all the evidence ofrecord, and especially in light of the fact that the Petitioner got married subsequently to receipt of his NOE and was likely provided insufficient RCSBP counselling covering RCSBP election timelines, 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: 

The Petitioner elected RCSBP full spouse coverage, naming  within one year of the date of his marriage (which occurred on 20 July 2001). Any other election or declination executed by Petitioner is null and void. 

Petitioner is responsible for unpaid RCSBP costs that would have been deducted beginning the 
first day ofthe thirteenth month following his marriage to . No waiver of unpaid premiums will be granted. 
A copy of this Report of Proceedings will be filed in Petitioner's naval record. 

4. It is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board' s proceedings in the above entitled matter. 

5. Pursuant to the delegation ofauthority set out in ect n 6( e) of the e ised Procedures of the Board for Correction ofNaval Records (32 Code of Federal egu ations, 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