DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 11315-19  
Ref:   Signature Date  

From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  

Ref:  (a) Title 10 U.S.C. §1552 
      (b) DODFMR, Vol 7B, Ch 43 

Encl: (1) DD Form 149 w/attachments 
      (2) Subject’s naval record (excerpts) 

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 declined participation in the Survivor Benefit Plan (SBP). 

2.  The Board, consisting of  , reviewed Petitioner’s allegations of error and injustice on 6 March 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), written spousal concurrence is required when the member elects to decline coverage, or provide the spouse with less than the maximum SBP coverage available. 

c.  Petitioner married  on 25 February 1984. 

d.  Petitioner submitted Data for Payment of Retired Personnel DD Form 2656 declining SBP on 24 May 2018. 

e.  Petitioner transferred to Retired List on 1 July 2018. 

f.  Petitioner automatically enrolled in SBP.  

g. Petitioner and spouse signed SBP Affidavit before a notary witness declining to participate in SBP on 3 January 2020.
                             
CONCLUSION

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting corrective action.  The Board concluded Petitioner provided sufficient evidence to reflect her and her spouse’s desire to decline SBP coverage.  Although the proper administrative requirements were not correctly completed by Petitioner, the Board felt that under these circumstances, a measure of relief is warranted.

RECOMMENDATION

That Petitioner’s naval record be corrected, where appropriate, to show that:

Petitioner elected to decline participation in SBP with spouse concurrence prior to her 
1 July 2018 transfer to the Retired List.  Any other election or declination executed by Petitioner is null and void.

Note:  Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay.

Note:  No waiver of unpaid premiums will be granted.
                                                            
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.