DEPARTMENT OF THE NAVY 

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

Docket No. 6062-17 
DEC 13 2017 

From: Chairman, Board for Correction ofNaval Records 
To: Secretary ofthe Navy 

Subj: REVIEW OF NAVAL RECORD ICO 

Ref: (a) Title 1O 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 Survivor Benefit Plan (SBP) 
within one year ofthe marriage. 

2. The Board, consisting of                     , reviewed Petitioner's 
allegations oferror and injustice on 12 October 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 ofyour application, together with all 
material submitted in support thereof, relevant portions ofyour naval record 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 ofthe Navy. 

b. On , Petitioner retired and was automatically enrolled in "spouse and 
child" SBP coverage. Petitioner was divorced on and the court did not order 
former spouse SBP coverage. 

c. Petitioner was subsequently married on but did not 
know that he had to elect SBP coverage within one year ofthe marriage because he was already 
paying premiums for spouse SBP coverage. 

CONCLUSION 

Upon review and consideration ofall the evidence ofrecord, and especially in light ofthe fact 
that the Petitioner was paying SBP premiums post retirement for spouse coverage, 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: 

The Petitioner elected Survivor Benefit Plan (SBP) full spouse coverage, naming 
within one year ofthe date ofhis marriage (which occurred on ). 

The Defense Finance and Accounting Service (DFAS) will perform an audit on the Petitioner's 
account to determine what monies, ifany, are owed. Petitioner is responsible for unpaid SBP 
costs that would have been deducted beginning the first day ofthe thirteenth month following his 
marriage to . 

No waiver ofunpaid premiums will be granted. DFAS may determine that the Petitioner is owed 
money for overpaid premiums between the time of retirement and the one year anniversary ofhis marriage to .

A copy ofthis Report ofProceedings will be filed in Petitioner's naval record. 

4. It is cerified 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 ofauthority set out in Se e revised Procedures ofthe 
Board for Correction ofNaval Records (32 Code ofFederal 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 
behalfofthe Secretary ofthe Navy. 


Executive Director