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

Docket No. 2894-18 
JUL 10 2019 
Froin: Chairman, Board for Correction of Naval Records To: Secretary of the Navy 

Ref: (a) Title 10 U.S.C. §1552 
     (b) DODFMR Vol 7B, Chp 54 
Encl: (1) DD Form 149 w/attachments 
      (2) Subject's naval record 

I. 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 add Reserve Component Survivor Benefit Plan (RCSBP) beneficiary and increase annuity option. 

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 of record 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 ), a member who acquires a new child must make an RCS BP election within 1-year of the date of birth. 

c. Petitioner married       on 21 March 2009. 

d. On 29 February 2012, Petitioner was issued a Notification of Entitlement to Retired Pay at Age 60 and Eligibility to Participate in the Reserve Component Survivor Benefit Plan (RCSBP) letter from Headquarters Marine Corps. 

e. Petitioner and spouse signed DD Form 2656-6, Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate choosing Option B (Deferred Annuity), Spouse coverage, and Full Retired Pay on 24 May 2012. 


CONCLUSION 
Upon review and consideration of all the evidence ofrecord, the Board finds the existence of an injustice warranting the following corrective action. Petitioner failed to notify Headquarters Marine Corps within one year of the birth of her son. Although the proper administrative requirements were not completed by the Petitioner, the Board felt that under these circumstances, a measure of relief is warranted. 

RECOMMENDATION 

That Petitioner's naval record be corrected, where appropriate, to show that: 
Petitioner notified Commandant of the Marine Corps (CMC) regarding the birth of her son within 1-year of his date of birth on .
 
The part of the Petitioner's request for corrective action that exceeds the foregoing is denied. Your decision to participate in Option B (Deferred Annuity) is permanent and cannot be changed unless authorized by law. 

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.