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) DoD 7000.14R FMR Volume 7B, Ch 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 show Petitioner declined with spousal concurrence both Reserve Component Survivor Benefit Plan (RCSBP) and Survivor Benefit Plan (SBP) coverage. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 30 April 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, finds as follows: 
 
     a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 
 
     b.  In accordance with reference (b), any member who is notified of his or her completion of the years of service required for retired pay eligibility for non-regular retirement may elect to participate in RCSBP before the end of the 90-day period. A member who is married or has a dependent child, and who receives notice of eligibility for retired pay, after January 1, 2001, is automatically an immediate participant in RCSBP unless the member elects (with spousal concurrence, if required) not to participate or to defer the decision or delay coverage before the end of the 90-day period. 
 
     c.  On 14 June 1989, Petitioner got married. 
 
     d.  On 30 August 2003, Petitioner completed 20 years of qualifying service. 
 
     e.  On 4 November 2003, Petitioner was issued a notification of eligibility (NOE) to receive retired pay at age 60 and participate in the Reserve Component Survivor Benefit Plan (RCSBP). 

     f.  On 1 September 2004, Petitioner was transferred to Retired Reserve status. 
 
     g.  On 1 May 2019, Petitioner and his spouse elected not to participate in the SBP. 
 
     h.  On , Petitioner turned 60 years old and was authorized to receive retired pay for non-regular service. 
                                
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the contents of reference (b), the Board finds the existence of an injustice warranting the following corrective action.  The Board concluded that Petitioner was automatically enrolled in RCSBP due to not responding to the NOE in a timely manner.  However, prior to Petitioner receiving retired pay at age 60, he tried to decline SBP with spousal concurrence. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner elected to decline participation in the RCSBP with spousal concurrence within 90 days of receipt of his NOE.   
 
Petitioner elected to decline participation in the SBP with spousal concurrence prior to receiving retired pay at age 60. 
 
Note:  Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due paid premiums. 
                                                             
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 
 
4.  It is certified that 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. 
 
                     7/6/2020