DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 4085-17 DEC 11 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: (1) DD Form 149 w/attachments (2) Subject's naval record 1. 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 timely written request to elect spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP) within one year ofthe marriage, suspend spouse coverage under the RCSBP upon divorce and resume spouse coverage under the RCSBP within one year of remarriage. 2. The Board, consisting of , reviewed Petitioner's allegations oferror and injustice on 14 September 2017 and, pursuant to its regulations, determined that the corrective action indicated below should be Ulken 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 ofrecord 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 regulation8 within the Department ofthe Navy. b. On 2 May 1981, Petitioner married c. On 1 April 1999, Petitioner was transferred to the Retired List ofthe Marine Corps Reserve, awaiting pay at age 60. Although the Notice ofEligibility (NOE) to participate in the RCSBP was undated, Headquarters, United States Marine Corps, states that according to their system, Petitioner made a RCSBP coverage election that was later suspended upon divorce. d. Petitioner divorced on 28 October 2008. The court did not order former spouse RCSBP coverage and the Petitioner suspended spouse RCSBP coverage in a request to the Defense Finance and Accounting Service received on 19 November 2008. e. On 1 January 2012, Petitioner married f. On 25 April 2017, upon the direction ofHeadquarters, United States Marine Corps, Petitioner completed a DD Form 2656-5 (RCSBP Election Certificate), declining/suspending coverage for his former spouse and requesting RCSBP coverage for his current spouse. g. Petitioner will turn 60 years old on . CONCLUSION Upon review and considerati.on ofall the evidence ofrecord, and especially in light ofthe fact that reservists often receive insufficient RCSBP counselling, 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: Within ninety (90) days of,receipt ofthe Notification ofEligibility (NOE) to Receive Retired Pay at Age 60 Letter (undated), Petitioner elected Reserve Component Survivor Benefit Plan (RCSBP) full spouse coverage, naming as the annuitant. The Petitioner suspended RCSBP full spouse coverage, naming , within one year ofthe divorce (which occurred on 28 October 2008). The Petitioner elected Survivor Benefit Plan (SBP) full spouse coverage, naming , within one year ofmarriage (which occurred on 1 January 2012). A copy ofthis Report ofProceedings will be filed in Petitioner'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 Sec o e revised Procedures ofthe Board for Correction ofNaval Records (32 Code ofFed hl 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 ofthe Secretary ofthe Navy. Executive Director