DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No. 2712-17 
OCT 16 2017  

From: Chairman, Board for Correction ofNaval 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 

l. Pursuant to the provisions of reference (a) Subject's daughter, hereinafter referred to as Petitioner, filed enclosure (l) 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 of error and injustice on 13 July 20 17 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 3 1 August 1985, Subject married 

c. Subject retired on 31 October 1992 and elected "spouse and child" SBP coverage. 

d. On 14 September 2000, Subject was divorced from    and the court 
ordered former spouse SBP coverage. Neither party changed the election coverage from "spouse" to "former spouse," but Subject continued to pay SBP premiums. 

e. On 5 May 2001, Subject married . They subsequently got divorced on 
29 January 2009. The court did not award former spouse SBP coverage. 

f. Subject died on 21 February 2016. 

CONCLUSION 

Upon review and consideration of all the evidence ofrecord, and especially in light ofthe fact that the court ordered former spouse coverage and that Subject continued to pay SBP premiums from the date ofdivorce through death, the Board finds the existence ofan 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 from spouse to former spouse 
SBP coverage naming as the beneficiary, at the same level ofcoverage as 
previously elected, within one year of the date of his divorce (which was finalized on 14 September 2000). Any other election or declination executed by the Subject is null and void. 

This is in compliance with a court order. 

A copy of this Report of Proceedings will be filed in Subject'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 of the Board's proceedings in the above entitled matter. 

5.Pursuant to the delegation ofauthority set out in Section 6( e) ofthe 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 behalfof the Secretary of the Navy. 


Executive Director