DEPARTMENT OF THE NAVY 

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

Docket No. 9554-17 
APR 02 2018 
From: Chairman, Board for Correction of Naval 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'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 for conversion from spouse to former spouse 
coverage under the Survivor Benefit Plan (SBP). 

2. The Board, consisting of , reviewed Petitioner's 
allegations oferror and injustice on 22 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 ofPetitioner's deceased 
husband's 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 1 February 1978, Subject transferred to the Retired Reserve. 

c. Subject married on . 

d. Prior to turning 60 and receiving retired pay on , Subject elected "spouse 
and child" coverage under the SBP. 

e. Subject divorced . The court ordered former on 
spouse SBP coverage. Subject continued to pay SBP premiums after the divorce, but the 
coverage category was Inever changed from "spouse" to "former spouse." 

f. On , Subject married 

g. Subject died on 29 March 2013. 

h. On 25 August 2017, signed an affidavit waiving her right to 
the SBP annuity and acknowledged as rightful annuitant. 


CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence ofan 
injustice warranting corrective action due to the following: Upon divorce, Subject was ordered to 
maintain SBP coverage for his former spouse, however, he never changed the coverage category 
from "spouse" to "former spouse." Although the SBP coverage category was never changed, 
Subject continued paying SBP premiums from the date ofdivorce until his death, indicating his 
good faith attempt to comply with the court order. Subject remarried prior to his death, but the 
widow has waived her right to the SBP annuity and acknowledged the former spouse as the 
rightful annuitant. Due to the clear intent ofthe Subject to provide former spouse SBP coverage, 
and the widow's request to change the record, the Board concluded that a measure of relief is 
warranted in this case. 

RECOMMENDATION 

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

The Subject changed his Survivor Benefit Plan (SBP) coverage from spouse to former spouse 
SBP coverage naming as the beneficiary, at the same level of coverage as 
previously elected, within one year ofthe date ofhis divorce (which was finalized on 
declination executed by the Subject is null and void. ). 

Note: this was in compliance with a court order. Any other election or 

A copy ofthis Report ofProceedings will be filed in Subject'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 deiegation ofauthority set out in Section 6(3) of the 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 
behalf ofthe Secretary ofthe Navy. 


Executive Director