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

Docket 7422-18
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:        
 
Ref:   (a) 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 that his naval record be corrected to reflect his timely submission of DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage. 
                                              
2.  The Board, consisting of, reviewed Petitioner’s allegations of error and injustice on 2 October 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, including 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 regulation within the Department of the Navy. 
 
    b.  In accordance with reference (b), a member with spouse coverage may, within one year of date of the decree of divorce, change that election to provide an annuity to a former spouse. 
 
    c.  Petitioner married       
 
    d.  Petitioner transferred to the Retired List on 1 July 1988. 
 
    e.  Petitioner .  Former Spouse SBP coverage was directed in the divorce decree. 
 
    f.  On 8 May 2001, the Defense Finance and Accounting Service (DFAS) notified Petitioner that his former spouse would be receiving a portion of his retired pay in accordance with the divorce decree.  
    
    g.  Petitioner submitted a letter to DFAS to confirm that his , was still listed as his  
 
    h.  On  was listed as the beneficiary, but as his spouse, not former spouse, and directed Petitioner to submit a DD Form 2656-1 to request that his elected SBP coverage be changed from Spouse to Former Spouse. 
 
    i.  Petitioner submitted a DD Form 2656-1 to DFAS on 6 March 2018 requesting that his SBP coverage election be changed from Spouse to Former Spouse.   
    j.  On 6 April 2018, DFAS denied Petitioner’s request because he did not submit the divorce decree with the DD Form 2656-1. 
 
    k.  Petitioner submitted his divorce decree to DFAS on 24 April 2018. 
 
    l.  Petitioner made the final payment of the required 360 payments for SBP coverage in June 2018. 
 
    m.  On 20 July 2018, DFAS rejected Petitioner’s submission of a deemed election and renewed request for former spouse SBP coverage, because it was not submitted within one year of the divorce. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting corrective action.  The Board concluded that Petitioner provided sufficient evidence to reflect his desire to voluntarily change SBP coverage from Spouse to Former Spouse.  Although the administrative requirements were not timely completed by Petitioner, the Board determined that, under these circumstances, a measure of relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner changed his SBP coverage from “  at the same level of coverage as previously elected, within one year of his finalized divorce date (22 March 2001). 
                                                             
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 
 
4.  It is certified that a 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.