Docket No. 11701-19
Ref:   Signature Date
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD ICO , USN RET, XXX-XX-  
 
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 Widow, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to reflect  as Survivor Benefit Plan (SBP) beneficiary. 
                                              
2.  The Board, consisting of   , reviewed Petitioner’s allegations of error and injustice on 19 November 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, she 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 who acquires a new spouse and/or child after retirement must make an election within 1 year of the event. 
 
     b.  Subject married  on 19 June 1982. 
 
     c.  Subject divorced  on 19 August 2003.  Divorce document does not direct SBP Former Spouse coverage. 
 
     d.  Subject transferred to the Fleet Reserve on 1 July 2005 and was automatically enrolled in Spouse SBP coverage. 
 
     e.  Subject married          on 13 June 2009. 
  
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 did not have dependents at the time of retirement, therefore should not have been automatically enrolled in SBP.  Subject’s record reflects he paid 164 months of SBP premiums; however, failed to notify Defense Finance and Accounting Service of marriage to      1-year of their nuptials.  Although Subject did not complete the correct administrative requirements, the Board felt that under these circumstances, relief is warranted. 
 
RECOMMENDATION 
 
That Subject’s naval record be corrected, where appropriate, to show that: 
 
Subject elected not to participate in SBP prior to his retirement on 1 July 2005. 
 
Subject elected SBP Spouse coverage naming  as the beneficiary, at the full gross pay level of coverage within 1-year of their marriage on 13 June 2009. 
 
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.