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

Docket No. 9569-18
 
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 
        (2) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a), Subject’s former spouse, hereinafter referred to as Petitioner, filed enclosure (1) with this Board, requesting that Subject’s naval record be corrected to reflect 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 Subject’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 the date of the decree of divorce, change that election to provide an annuity to a former spouse. 
 
     c.  Subject married  on 5 September 1993.      
 
     d.  Subject transferred to the Fleet Reserve on 1 July 1996. 
 
     e.  Subject elected Spouse and Children coverage on 1 July 1996. 
 
     f.  Subject divorced on 27 November 2009.  Former Spouse SBP coverage was directed in the divorce decree. 
 
     g.  Subject died on 16 May 2016.  Petitioner was the heir and executrix of Subject’s entire estate. 
 
     h.   On 16 November 2016, the Defense Finance and Accounting Service (DFAS) notified Petitioner that she was not entitled to receive annuity under SBP as a former spouse due to Subject’s failure to request a change for SBP coverage from Spouse to Former Spouse.  Additionally, DFAS found that Petitioner did not submit a deemed election within one year of the divorce. 
 
     i.  Petitioner secured a deemed election from the court on 22 February 2017, and submitted it to DFAS. 
 
     j.  On 14 April 2017, 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. 
 
     k.  Petitioner acknowledged, via her attorney, that the $25, 492.65 DFAS payment to her in the fall of 2017, for reimbursement of SBP premiums paid by Subject, would be recouped by DFAS if Petitioner’s request for former spouse SBP coverage is granted. 
 
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 Subject’s desire to voluntarily change SBP coverage from spouse to former spouse coverage.  Although the proper administrative requirements were not completed by Subject, the Board determined that, under these circumstances, relief is warranted. 
 
RECOMMENDATION 
 
That Subject’s naval record be corrected, where appropriate, to show that: 
 
Subject changed his SBP coverage from “spouse” to “former spouse,” naming  as the beneficiary, at the same level of coverage as previously elected, within one year of his finalized divorce date (27 November 2009). 
                                                             
A copy of this Report of Proceedings will be filed in Subject’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.