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

Docket No. 1743-18 
JUL 10 2019 
From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Ref: 
(a) Title 10 U.S.C. § 1552 
(b) Public Law 99-145 of 8 Nov 85 

Encl: 
(1) DD Form 149 w/attachments 
(2) Subject's naval record 

1. Pursuant to the provisions of reference (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 reflect election of Survivor Benefit Plan (SBP) spouse and child coverage. 

2. The Board, consisting of       , reviewed Petitioner's allegations of error and injustice on 1 March 2019 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 of the enclosures, relevant portions of Petitioner'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 of the Navy. 

b. In accordance with reference (b ), members are required to receive spousal concurrence when choosing to elect child(ren) only coverage, reduced coverage or declining coverage effective 1 March 1986. 

c. Subject married         on 19 June 1981. 

d. Subject transferred to the Retired List effective 1 October 1989. 

e. Subject died on 6 February 2018. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action. Petitioner asserts that she was unaware Subject elected children only coverage and to the contrary believed that she would receive SBP annuity. The Board concluded that although, Defense Finance and Accounting Service reflects the Subject elected children only SBP coverage, there are no SBP related documents to verify the election; therefore, a measure of relief is warranted. 

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

Petitioner is responsible for unpaid SBP costs that would have been deducted from the date of Subject's transfer to the Fleet Reserve effective 1 October 1989. No waiver of unpaid premiums will be granted. 

A copy of this Report of Proceedings will be filed in Petitioner's naval record. 

4. It is certified that 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) of the 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 ofreference (a), has been approved by the Board on behalf of the Secretary of the Navy.