DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

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 

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 the Petitioner declined enrollment in the Survivor Benefit Plan (SBP). 

2. The Board, consisting of                ,, reviewed Petitioner's 
allegations of error and injustice on 27 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 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 regulations within the Department of the Navy. 

b. On 28 November 2016, Petitioner's spouse signed a DD Form 2656 declining SBP spouse coverage. Petitioner signed the DD Form 2656 declining SBP spouse coverage on 13 December 2016, not understanding that his spouse had to sign the form on the same day or after the date that he signed. Due to this administrative error, the Defense Finance and Accounting Service automatically enrolled Petitioner in maximum SBP spouse coverage. 

c. Petitioner transferred to the retired list on 31 March 2017. 

CONCLUSION 

Upon review and consideration of all the evidence of record, and especially in light of the Petitioner's original intent to decline SBP coverage, 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: Prior to his 31 March 2017 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. 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 of authority set out in Section 6 (e) revised Procedures of the Board for Correction of Naval 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 of the Secretary of the Navy. 


Executive Director