DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1965-17 From: Chairman, Board for Correction of Naval 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 ofreference (a) Subject's daughter, 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 11 May 2017 and, pursuant to its regulations, detennined that the corrective action indicated below should be taken on the available evidence of 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, fi nds 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 17 May 1977, Subject transferred to the Fleet Reserve and elected maximum "spouse and child" SBP coverage. c. On 23 April 2004, Subject divorced and the court ordered former spouse SBP coverage. d. On 1 October 2008, Subject was in a "paid up" status. e. Subject died on 6 January 2012. CONCLUSION Upon review and consideration of all the evidence ofrecord, and especially in light of the fact that the divorce decree ordered former spouse coverage and the Subject continued to pay for SBP coverage after the divorce, 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: The Subject changed his Survivor Benefit Plan (SBP) coverage category from spouse to former spouse naming as the beneficiary, at the same level of coverage as previously elected, within one year of the date of his divorce (which was finalized on 23 April 2004). A copy of this Report of Proceedings will be filed in Subject's naval record. 4. It is certified that a quorum was present at the Board's revieTand deliberations, and that the foregoing is a true and complete record ofthe Board's procedings in the above entitled matter. 5. Pursuant to the delegation ofauthority set out in Sect10 e revised Procedures ofthe 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 ofthe Secretary of the Navy. Executive Director