DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 9443-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) 10 U.S.C. § 1552 (b) DODFMR, Vol 7B, Chp 43 Encl: (1) DD Form 149 w/attachments 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 that he declined participation in the Survivor Benefit Plan (SBP). 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 11 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, 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 who is participating with spouse or spouse and child coverage and who does not have an eligible spouse beneficiary may, upon remarriage: resume coverage, increase the level of coverage up to and including full retired pay, or elect not to have spouse coverage resume. Unless a member elects not to cover the new spouse within one year after the marriage, spouse coverage automatically resumes at the first anniversary of the marriage. c. Petitioner married on 18 December 1951. d. Petitioner elected spouse SBP coverage prior to transferring to the Retired List on 31 August 1975. e. Petitioner’s spouse ( ) died on 16 June 2003 and SBP coverage was suspended. f. Petitioner married on 10 February 2006. g. Petitioner’s account reflects 360 months of SBP premiums were paid as of 1 April 2009. h. On 3 May 2018, Petitioner provided the Defense Finance and Accounting Service (DFAS) with a copy of his certificate of marriage to , resulting in spouse SBP coverage resuming effective 10 February 2007. i. In July 2018, the DFAS added a debt for unpaid SBP premiums to Petitioner’s pay account. j. Petitioner and his spouse ( ) signed an SBP affidavit before a notary witness on 1 October 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 that 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 Petitioner upon remarriage, the Board determined that, under the circumstances, relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner elected to not have spouse SBP coverage resumed within one year of his 10 February 2006 marriage. 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. 1/19/2020