Docket No. 11171-19
Ref:   Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD ICO    XXX XX  USMCR   
 
Ref:  (a) Title 10 U.S.C. § 1552 
      (b) DODFMR, Vol 7B, Chp 54 
 
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 Reserve Component Survivor Benefit Plan (RCSBP) 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), 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.  An election of former spouse coverage may be deemed to have been elected for the former spouse when the agreement has been incorporated in, or ratified or approved by the court.  The former spouse or former spouse attorney must request that the Secretary concerned deem an election for former spouse coverage within 1-years of the date of the relevant court order. 
 
     b.  Petitioner married  on 17 October 1998. 
 
     c.  Petitioner earned 20 total years of qualifying service on 17 March 2012. 
 
     d.  Petitioner was issued Notification of Entitlement Retired Pay at Age 60 and Eligibility to Participate in the Reserve Component Survivor Benefit Plan (RCSBP) on 31 March 2012. 
 
     e.  Petitioner was automatically enrolled in RCSBP on 20 July 2012. 
 
     f.  Petitioner divorced on 4 August 2016.   
 
     g.  Stipulation and Order was entered in the , Pennsylvania and was approved and made an Order of the Court on 4 December 2017.  Stipulation and Order indicates the Parties agreed to amend Agreement and specifies Former Spouse ) “shall continue to be named as the reserve component survivor beneficiary in this pension”. 
 
     h.  Former spouse via attorney submitted DD Form 2656-10, Survivor Benefit Plan (SBP)/Reserve Component (RC) SBP Request for Deemed Election to Headquarters Marine Corps (HQMC) on or about 22 January 2018.   
 
     i.  Military Pay Order was entered in the , Pennsylvania on 21 February 2018 and ordered RCSBP and SBP Former Spouse coverage.  
 
     j.  On 28 September 2018, HQMC denied request to make changes to Petitioner’s RCSBP election as a result of not receiving the request within one year of change to marital status. 
                                
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action.  Initial Decree and Order did not direct RCSBP or SBP Former Spouse coverage; however, an amendment a year later specified RCSBP Former Spouse was ordered.  Former Spouse submitted deemed election in a timely manner but the election form was void of remarks regarding submission as a result of the Stipulation and Order of 4 December 2017; therefore, the request was denied for submission outside the 1-year window from date of divorce on 4 August 2016.  Although the proper administrative requirements were not completed, the Board felt that under these circumstances, relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner changed RCSBP election from “Spouse” to “Former Spouse” coverage naming  as the beneficiary, at the same level of coverage as previously elected, within 1-year of Stipulation and Order dated 4 December 2017.   
                                                             
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.