DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 9176-17 MAR 23 2018 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 the Petitioner declined enrollment in the Survivor Benefit Plan (SBP). 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 15 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 of your application, together with all material submitted in support thereof, relevant portions of your.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 15 June 2017, Petitioner's spouse signed the DD Form 2656. c. On 21 June 2017, Petitioner signed the DD Form 2656, electing coverage in the Survivor Benefit Plan (SBP). d. On 30 September 2017, Petitioner transferred to the Fleet Reserve. CONCLUSION Upon review an~ consideration of all the evidence of record, the Board finds the existence qf an injustice warranting corrective action due to the following: Prior to Petitioner's transfer to the Fleet Reserve, he and his spouse completed a DD Form 2656 electing spouse coverage. Petitioner claims that he did not understand the form and that both he and his spouse intended to decline coverage, as evidenced by her signing.the form and having it notarized. Additionally, Petitioner and spouse signed an affidavit affirming their intent to decline SBP coverage. Petitioner took steps inunediately after transfer to the Fleet Reserve to correct the error and decline coverage, but the Defense Finance and Accounting Service denied his request because he signed and dated the election after his spouse did. The Board concluded that the Petitioner made an error, which he inunediately attempted to rectify, and therefore a measure ofrelief is warranted in this case. RECOMMENDATION That Petitioner's naval record be corrected, where appropriate, to show that: Prior to his 30 September 2017 transfer to the Fleet Reserve, Petitioner declined enrollment in SBP with spouse conciirrence. Any other election or declination executed by Petitioner is null and void. 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 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 of authority set out in Section6(e) Procedures ofthe Board for Correction ofNaval Records (32 Code of Federal Regu a 10ns, 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 of the Secretary ofthe Navy. Executive Director