From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO   
   
 
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 19 November 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. 
 
     b.  Petitioner married  on 18 March 1978. 
 
     c.  Petitioner divorced  on 7 August 1998.  Divorce decree directed SBP Former Spouse coverage. 
 
     d.  Petitioner married  on 17 September 1998. 
 
     e.  Petitioner submitted DD Form 2656, Data For Payment of Retired Personnel on 9 February 1999 electing SBP Spouse and Children coverage.    

     f.  Petitioner transferred to the Retired List effective 1 May 1999 and was enrolled in SBP Spouse and Children coverage as elected. 
 
     g.  Petitioner divorced   on 3 November 2017.  Divorce decree directed 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 the correct SBP election before retirement as stipulated in the divorce decree issued by Superior Court of , County of  on 7 August 1998.  Although Petitioner did not complete the proper administrative requirements, 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.