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 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 current spouse as Reserve Component Survivor Benefit Plan (RCSBP) beneficiary. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 1 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 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), after 1 January 2001, a member who is married or has a dependent child, and who receives notice of eligibility (NOE) for retired pay is automatically enrolled in RCSBP coverage unless with spouse concurrence declines, defers or delays coverage within 90-days of receiving NOE.  Additionally, the policy indicates Reserve members that are not married when becoming eligible to participate in RCSBP, who later marries, may elect to participate in RCSBP, if the election is completed within 1 year of acquiring a spouse.  
 
     b.  Petitioner married  on 2 July 1983. 
 
     c.  Petitioner divorced  on 22 August 2001. Divorce decree and Marital Settlement Agreement does not direct Former Spouse RCSBP or Survivor Benefit Plan coverage. 
 
     d.  Petitioner earned 20 total years of qualifying service on 30 May 2002.
 
     e.  Petitioner issued Notification of Eligibility (NOE) to Receive Retired Pay at Age 60 and Participate in the Reserve Component Survivor Benefit Plan (RCSBP) on .  Note:  Petitioner is not married but has four dependent children (,  , , and ) at this time. 
 
     f.  Petitioner transferred to the Retired Reserve without pay effective 1 June 2009. 
 
     g.  Petitioner married  on 3 September 2016.   
 
     h.  Petitioner submitted DD Form 2656, Data for Payment of Retired Personnel to DFAS on 11 January 2019 electing spouse SBP coverage based on full gross pay.    
 
     i.  Petitioner transferred to the Retired Reserve with pay effective 26 July 2019. 
 
     j.  On 19 August 2019, Navy Personnel Command notified Defense Finance and Accounting Service (DFAS) that Petitioner failed to make an election within 90-days from the date NOE was received and therefore effective 17 November 2004 was enrolled in an immediate RCSBP annuity for his child .  Note:   became a dependent effective 3 September 2016.   
                              
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 notify Navy Personnel Command (PERS-912) of marriage to  within 1-year of their nuptials.  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 changed RCSBP election from “child” to “spouse” coverage naming  as the beneficiary, at the same level of coverage as previously elected within 1-year of marriage on 3 September 2016. 
                                                             
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.