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

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) DODFMR, Vol 7B, Chp 43 

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

1. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to reflect declined participation in the Survivor Benefit Plan (SBP). 

2. The Board, consisting of                                                                                        , reviewed Petitioner's allegations of error and injustice on 5 Apri 1 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), in the case a member electing a standard SBP annuity, the member must make such election before retired pay becomes payable.
 
c.  Petitioner married                  on 18 April 2008. 

d.  Petitioner transferred to Permanent Disability Retired List (PDRL) on 28 January 2011. 

e.  Petitioner was automatically enrolled in SBP coverage effective 29 January 2011. There is no beneficiary on file. 

f.  Petitioner divorced                  on 13 July 20 18. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action. The Board concluded Petitioner failed to decline participation in SBP prior to his transfer to PDRL. Although the proper administrntive 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 elected to decline participation in SBP with spouse concurrence prior to his 28 January 2011 transfer to PDRL. 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. 

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 of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 


Executive Director