Docket No. 10014-19
Ref:   Signature Date
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD ICO  , USN RET   XXX-XX- 
 
Ref:  (a) Title 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, in effect, that the applicable naval record be corrected to reflect election of Survivor Benefit Plan (SBP) Former Spouse coverage.  
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 3 December 2020 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  In accordance with reference (b), upon retirement, if the former spouse is the member’s former spouse at the time the member becomes eligible to participate in SBP, an election for former spouse must take place at or before the member’s retirement.  Additionally, the policy indicates reinstatement of the SBP annuity as a result of remarriage terminated by divorce is effective the first day of the month in which the marriage terminated by divorce.   
 
     b.  Petitioner married  on . 
 
     c.  Petitioner divorced  on .  Divorce decree directed SBP Former Spouse coverage.  An Amended Final Judgement was entered on  that further ordered SBP Former Spouse coverage. 
 
     d.  Petitioner married  on . 
     e.  Former spouse  married  on . 
 
     f.  Petitioner transferred to the Retired List effective  and was automatically enrolled in SBP Spouse coverage. 
 
     g.  Former Spouse  divorced  on . 
 
     h.  On 24 August 2019, Petitioner and current spouse signed SBP Affidavit before a notary witness electing SBP Former Spouse coverage. 
                                
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action.  Petitioner failed to make SBP Former Spouse coverage election at or before retirement in accordance with reference (b), resulting in automatic enrollment for SBP Spouse coverage.  Although Petitioner did not complete the proper administrative requirements in a timely manner, the Board concluded that relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner on or before transfer to Retired List, elected SBP Former Spouse coverage naming  as the beneficiary, at the full retired pay level of coverage. 
                                                             
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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.