DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 JLB Docket No. 340-18 JUL 0 9 2018 From: Chairman, Board for Correction of Naval 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/attachrnents (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 ofreviewed Petitioner's allegations oferror and injustice on 3 May 2018 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. On 21 July 2017, Petitioner's spouse completed a DD Form 2656 declining SBP "spouse" coverage. Because the Petitioner signed the DD Form 2656 after his spouse, the Defense Finance and Accounting Service (DFAS) automatically enrolled the Petitioner in maximum "spouse" coverage under the SBP. c. On 30 November 2017, Petitioner transferred to the Fleet Reserve. CONCLUSION Upon review and consideration ofall the evidence of record, the Board finds the existence of an injustice warranting the following corrective action. Prior to his transfer to the Fleet Reserve, Petitioner and his spouse tried to make a timely declination of SBP coverage. Due solely to an administrative error on the DD Form 2656, he was automatically enrolled in maximum "spouse" coverage under the SBP. The Board concluded that because the Petitioner's intent to decline coverage was clear, a measure of relief is warranted. RECOMMENDATION That Petitioner's naval record be corrected, where appropriate, to show that: Prior to his 30 November 2017 transfer to the Fleet Reserve, Petitioner declined enrollment in SBP with spouse concurrence. Any other election or declination executed by Petitioner is null and void. A copy of this Report of Proceedings will be filed in Petitioner's naval record. 5. Pursuant to the delegation ofauthority set out i ec ion 6(e) of the revised Procedures of the Board for Correction ofNaval Records (32 Code ofFederal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby anriourtced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. Executive Director