DEPARTMENT OF THE NAVY 

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

Docket No. 7415-17 
MAR 20 2018 
From: Chairman, Board for Correction ofNaval Records 
To: Secretary of the 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 widow, 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 change "former spouse" coverage to 
"spouse" coverage under the Survivor Benefit Plan (SBP) upon the death ofthe former spouse. 

2. The Board, consisting of , reviewed Petitioner's 
allegations of error and injustice on 8 February 2018 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 31 July" 1980, Subject retired and elected "spouse" SBP coverage. 

c. On 6 August 1998, Subject divorced . The SBP coverage category was 
changed from spouse to former spouse. 

d. On 30 December 2002, Subject married . 

e. Subject reached a paid up status for SBP coverage on 1 September 2010. 

f. On 5 July 2015,   died. 

g. On 7 April 2017, Subject died. 

h. Fiscal Year 2016 National Defense Authorization Act (FY 16 NDAA), 
Public Law 114-92, Section 641, contained a provision which permits members who have 
elected Survivor Benefit Plan former spouse coverage to change their election to spouse category 
coverage upon the death of their former spouse. 

CONCLUSION 

Upon review and consideration of all the evidence ofrecord, the Board finds the existence of an 
injustice warranting corrective action due to the following: Subject elected "spouse" SBP 
coverage upon retirement. Subject later divorced and the SBP coverage category was changed 
from spouse to former spouse. Subject subsequently remarried. Former spouse died on 5 July 
2015, predeceasing both Subject and Petitioner. Public Law 114-92, Section 641, allows service 
members who have elected SBP former spouse coverage to change their election to spouse 
category coverage upon the death oftheir former spouse. This change was allowed during an 
open season enrollment window which ran from 25 November 2015 through 24 November 2016. 
Petitioner has provided extensive evidence that Subject was suffering from Dementia during this 
timeframe. In light ofthe recent law change, the Subject's paid-up status in the SBP program, 
and the evidence of Subject's mental state during the enrollment window, the Board finds the 
existence ofan injustice warranting corrective action. 

RECOMMENDATION 

That Subject's naval record be corrected, where appropriate, to show that: 

Upon the death of (which occurred on 5 July 2015), Subject changed the SBP 
coverage from "former spouse" to "spouse" -naming as the annuitant, at the . 
same level ofcoverage as previously elected. 

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

4. 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 ofthe Board's proceedings in the above entitled matter. 

5. Pursuant to the delegation ofauthority set out in Sec o(e) oft evised 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 ofreference (a), has been approved by the Board on 
behalf ofthe Secretary ofthe Navy. 


Executive Director