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

Docket No. 8916-18
 
From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD   
 
Ref:    (a) Title 10 U.S.C. § 1552 
        (b) DODFMR, Vol 7B, Chp 43 
 
Encl:   (1) DD Form 149 w/attachments 
 
1.  Pursuant to reference (a) Subject, hereinafter referred to as Petitioner, filed the enclosure 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 15 November 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), 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 25 July 2008. 
 
     d.  Petitioner transitioned to Permanent Disability Retired List (PDRL) on 30 June 2015. 
 
     e.  Petitioner was automatically enrolled in SBP coverage for spouse and child effective 30 Jun 2015. 
 
    f.  Petitioner and spouse signed SBP Affidavit before a notary witness on 4 November 2019 requesting to decline participation in SBP. 
 
  
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 provided sufficient evidence to reflect his and his spouse’s desire to decline SBP coverage.  Although the proper administrative requirements were not completed by the Petitioner prior to transferring to PDRL, 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 30 June 2015 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 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.