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, 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 3 December 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), SBP elections must be made prior to retired pay becoming payable. 
 
     b.  Petitioner married  on 28 June 1996. 
 
     c.  Petitioner divorced  on 3 June 2003.  Divorce decree does not direct SBP Former Spouse coverage. 
 
     d.  Petitioner married  on 18 March 2004. 
 
     e.  Petitioner was discharged with disability, severance pay on 25 January 2005.   
 
     f.  Petitioner’s spouse signed DD Form 2656, Data for Payment of Retired Personnel  concurring with Petitioner’s election to decline SBP coverage on 10 January 2019.  However, Petitioner did not sign DD Form 2656, Data for Payment of Retired Personnel until 11 January 2019, thereby invalidating the election. 
 
     g.  On 12 February 2019, Navy Personnel Command issued notification to Petitioner regarding  transfer to Permanent Disability Retired List (PDRL) effective 26 January 2006. 
 
     h.  On 12 November 2019, Defense Finance and Accounting Service (DFAS) issued Petitioner an indebtedness letter for outstanding SBP premiums. 
 
     i.  Petitioner and spouse signed SBP Affidavit before a notary witness on 8 November 2020 declining SBP participation. 
                                
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action.  The Board concluded Petitioner did not have knowledge of SBP enrollment because he was not receiving monthly payments from DFAS, and therefore was not receiving monthly retirement account statements.  Petitioner became aware of the enrollment after receiving correspondence from DFAS.  Moreover, the Board felt Petitioner provided sufficient evidence to reflect his and spouse’s desire to decline SBP coverage.  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 elected to decline participation in SBP with spouse concurrence prior to transferring to PDRL effective 26 January 2006.  Note:  DFAS will complete an audit of Petitioner’s pay records to determine amount of premiums to be refunded. 
                                                    
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.