DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 8317-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 w/attachments 1. Pursuant to the provisions of the reference, Subject, hereinafter referred to as Petitioner, filed the enclosure with the Board for Correction of Naval Records (Board), requesting that her naval record be corrected to reflect that she declined enrollment in the Reserve Component Survivor Benefit Plan (RCSBP) and Survivor Benefit Plan (SBP) spouse coverage effective 8 November 2001 and 5 June 2018, respectively. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 30 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 enclosure, relevant portions of Petitioner’s naval record, as well as 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. Petitioner married Robert B. Blose on 24 September 1988. c. On 8 November 2001, Petitioner received her Notification of Eligibility (NOE) to Receive Retired Pay at Age 60 and Participation in the Reserve Component Survivor Benefit Plan. d. Petitioner was automatically enrolled in RCSBP-Immediate Coverage on 6 February 2002. e. Petitioner’s initial date of eligibility to collect retired pay for non-regular service was 5 June 2018. f. Upon Petitioner’s eligibility to collect retired payfor non-regular service, her RCSBP coverage became SBP coverage, with her spouse named as the beneficiary on 5 June 2018. g. Petitioner transferred to the Retired Reserve on 19 August 2018. h. Petitioner submitted an SBP affidavit, with spousal concurrence, requesting termination of her enrollment in SBP on 4 April 2019. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following partial corrective action. The Board concluded that Petitioner provided sufficient evidence to reflect her intent to decline RCSBP coverage at the time she became eligible to receive retired pay at age 60 and participate in the RCSBP. However, in regards to her current SBP coverage, the Board noted that Title 10, U.S. Code, section 1448a allows military retirees to terminate their SBP election beginning in the 25th month through the 36th month of retirement, which Petitioner is currently approaching. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: That Petitioner submitted a written request to decline RCSBP coverage, with spousal concurrence, in a timely manner. That in so far as Petitioner’s request for corrective action exceeds the foregoing, it is denied. Petitioner will be able to terminate her enrollment in SBP through the Defense Finance and Accounting Service between the 25th month through the 36th month of her retirement. That 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.