DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S COURTHOUSE ROAD SUITE 1001 ARLINGTON VA 22204-2490 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 former spouse, 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 , , and reviewed Petitioner’s allegations of error and injustice on 8 October 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 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, found that, before applying to this Board, she 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), a member with spouse or spouse and child coverage may, within 1 year of date of the decree of divorce, dissolution, or annulment, whichever is later, change that election to provide an annuity to a former spouse or to a former spouse and child. b. Subject married on 4 August 1990. c. Subject divorced on 21 January 2009. d. Petitioner submitted DD Form 2656-10, Survivor Benefit Plan (SBP)/Reserve Component (RC) SBP Request for Deemed Election to Defense Finance and Accounting Service (DFAS) on or about 24 January 2009. e. Subject submitted DD Form 2656, Data for Payment of Retired Personnel on 21 February 2009 electing coverage for Former Spouse with a reduced base amount of $300. f. Subject transferred to the Fleet Marine Corps Reserve effective 1 April 2009. g. Amended Domestic Relations Order (DRO) dated 27 January 2010 directed SBP Former Spouse coverage specifically indicating “…former spouse beneficiary should not hereafter be modified, amended, withdrawn, reduced or altered by during s lifetime, and it is so ordered”. h. Subject’s date of death was 13 October 2018. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action. Subject’s record reflects he paid 114 months of reduced SBP premiums. However, there is no indication Subject provided DFAS with a copy of the amended DRO that directed SBP Former Spouse coverage based on full gross pay. Although Subject did not complete the proper administrative requirements, the Board felt that under these circumstances, relief is warranted. RECOMMENDATION That Subject’s naval record be corrected, where appropriate, to show that: Subject changed SBP election from “Spouse” to “Former Spouse” coverage naming as the beneficiary, at the full gross pay level of coverage, within 1-year of date of divorce on 21 January 2009. Note: No waiver of unpaid premiums will be granted. 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.