DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 

701 S. COURTHOUSE ROAD, SUITE 1001 

ARLINGTON, VA 22204-2490 


Docket No. 6329-18 
Ref: Signature Date 

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 
     (b) DODFMR, Vol 7B, Ch. 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 declination of Survivor Benefit Plan (SBP) 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 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), members that are married at the time of retirement are 
automatically enrolled in SBP coverage unless spouse consents in writing to reduced coverage or 
no coverage before the first day of eligibility to retired pay. 

c. Petitioner married on 17 December 1967.

 d. Petitioner divorced on 19 May 1978. 

 e. Petitioner was provided Notification of Eligibility (NOE) to receive Retired Pay at Age 60 
and for Participation in Reserve Component Survivor Benefit Plan on 10 November 1987. 

f. Petitioner transferred to Retired Reserve without-pay on 30 November 1988. 

g. Petitioner transferred to the Retired Reserve with-pay on 30 May 2004 and was 
automatically enrolled for SBP spouse coverage with no beneficiary listed. 

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 provided sufficient evidence of 
being divorced prior to receiving NOE and RCSBP election certificate and his record does not 
reflect him having dependents upon becoming eligible for retired pay. 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 enrollment in SBP prior to his 30 March 2004 transfer to the Retired 
Reserve with-pay. Note: 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. 

3/14/2019 

 
Executive Director