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

Docket No. 11578-19  
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 

1.  Pursuant to the provisions of reference (a) Subject’s son, 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 Survivor Benefit Plan (SBP) Former Spouse coverage. 

2.  The Board, consisting of             , reviewed Petitioner’s allegations of error and injustice on 28 May 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 
Subject’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. 

b.  Subject married             on 21 August 1967. 

c.  Subject elected SBP Spouse coverage and was transferred to the Fleet Reserve effective 1 March 1987. 

d.  Subject divorced            on 10 March 1993.  Separation and Property Settlement Agreement dated 1 Febrauary1993 was incorporated into the Final Judgement for Dissolution of Marriage and directs SBP Former Spouse coverage. 

e.  Subject married           on 2 October 1993. 

f. Subject divorced           on  9 January 1998. 

g.  Subject’s died on 1 July 2018. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action. Subject’s record reflects he paid 360 months of SBP premiums; however, he failed to submit DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage within 1-year of divorce.  Although Subject did not complete the correct administrative requirements, the Board felt that under these circumstances, relief is warranted. 

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

Subject changed SBP election from “spouse” to “former spouse” coverage naming                    as the beneficiary, at the same level of coverage as previously elected, within 1-year of finalized divorce date on 10 March 1993. 

Note:  No waiver of unpaid premiums will be granted. 

A copy of this Report of Proceedings will be filed in Subject’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.