DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 124-17 APR 24 2017 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: (l) DD Form 149 w/attachments (2) Subject's naval record I. 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 the Petitioner declined enrollment in the Survivor Benefit Plan (SBP). 2. The Board, consisting of reviewed Petitioner's allegations oferror and injustice on 2 March 2017 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence ofrecord. 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 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 10 February 2016, Petitioner's spouse signed a DD Form 2656 declining SBP coverage. Petitioner did not sign the form declining coverage until 1March2016. Due to the administrative error on the form, specifically, that the spouse signed before the service member, the Defense Finance and Accounting Service (DFAS) automatically enrolled the Petitioner in full spouse coverage. c. Petitioner transferred to the Retired List on 31 March 2016. CONCLUSION Upon review and consideration of all the evidence of record, and especially in light ofthe fact that the DD Form 2656 was timely submitted and only rejected due to an administrative error, the Board finds the existence ofan injustice warranting the following corrective action. RECOMMENDATION: That Petitioner's naval record be corrected, where appropriate, to show that: a. Prior to his 31 March 2016 transfer to the Retired List, Petitioner declined enrollment in SBP with spouse concurrence. Any other election or declination executed by Petitioner is null and void. b. A copy ofthis 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 foregoing is a true and complete record ofthe Board's proceedings in the above entitled matter. 5. Pursuant to the delegation of authority set out in Se n 6( e) ofth~isedProcedures ofthe Board for Correction ofNaval Records (32 Code ofFeder ions, 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 behalfof the Secretary ofthe Navy. Executive Director