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

From: Chairman, Board for Correction ofNaval Records 
To: Secretary of the Navy 
JLB 
Docket No. 555-18 
JUN 1 7 2018 

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 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 show timely written request to elect spouse coverage under the Survivor Benefit Plan (SBP) 
within one year ofthe marriage. 

2. The Board, consisting of, reviewed Petitioner's 
allegations oferror and injustice on 12 April 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 your application, together with all 
material submitted in support thereof, relevant portions of your 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 or about 28 March 1995, Petitioner received Notification ofEligibility (NOE) to 
receive retired pay at age 60 and participate in the Reserve Component Survivor Benefit Plan 
(RCSBP). 
c. On I August 2002, Petitioner transferred to retired Reserve status. 
d. On 28 June 2012, Petitioner was authorized to receive retired pay. 
e. Subsequently, Petitioner marriedon 8 August 2015. 

CONCLUSION 
Upon review and consideration of all the evidence of record, the Board finds-the existence of an 
injustice warranting corrective action due to the following: Petitioner was unmarried at the time 
of his transfer to the Fleet Reserve. Due to his misunderstanding of the program, Petitioner did 
not enroll his spouse in the SBP program within 1 year of his marriage. There is often confusion, 
particularly amongst those who marry subsequent to retirement, that an election has to be made 
within the 1-year period after marriage even though eligibility to receive an annuity does not 
begin until after the 1-year anniversary of the marriage. The Board concluded that it would be 
unfair to refuse SBP coverage due to this misunderstanding and, therefore, a measure of relief is 
warranted in this case. 

RECOMMENDATION 
That Petitioner's naval record be corrected, where appropriate, to show that: 
The Petitioner elected SBP spouse coverage at the maximum rate, namingwithin one year of the date of his marriage (which occurred on 8 August 2015). Note: Any other 
election or declination executed by Petitioner is null and void. 
Petitioner is responsible for unpaid SBP costs that would have been deducted beginning the first 
day of the thirteenth month following his marriage toNo waiver of unpaid 
premiums will be granted. 
A copy of this Report of Proceedings will be filed in Petitioner's naval record. 

5. Pursuant to the delegation ofauthority set out in S · n 6 e e 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