DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1258-19 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, 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 23 April 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, 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), SBP election is irrevocable, however a member may terminate SBP participation during a 1-year period which begins on the second anniversary of the date of commencement of retired pay. Additionally, a totally disabled member may voluntarily discontinue participation in SBP with a service connected disability, as rated by the Department of Veteran Affairs (VA) for 10 or more continuous years (or if so rated for a lesser period, at least 5 years from the date of last discharge or release from active duty). b. Petitioner married s on 31 December 1995. c. Petitioner divorced on 11 August 2000. Stipulated Judgement Agreement did not direct Subject to maintain SBP coverage for former spouse. d. Petitioner submitted DD Form 2656, Data for Payment of Retired Personnel electing SBP Spouse and Children at the full level of coverage on 13 July 2016. Note: Petitioner identified as “Common Law Spouse” and named him under the Insurable Interest e. Petitioner transferred to the Retired List effective 1 September 2016 and was enrolled in SBP coverage. f. Petitioner married on 14 February 2017. g. Petitioner submitted a subsequent DD Form 2656, Data for Payment of Retired Personnel electing SBP Spouse and Children coverage on 20 March 2017. Note: Petitioner named herself under the Insurable Interest Beneficiary block. h. On 6 April 2017, Defense Finance Accounting Service (DFAS) rejected DD Form 2656, Data for Payment of Retired Personnel dated 20 March 2017 indicating the form was invalid because it was signed after retirement. i. Petitioner signed two DD Form 2656-2, Survivor Benefit Plan (SBP) Termination Request on 5 August 2018 and 20 August 2018. Petitioner’s spouse signed both forms before a notary witness on 24 August 2018. j. On 18 September 2018, the VA issued Petitioner notification of being rated 100% totally disabled effective 1 September 2016. k. Petitioner and spouse signed SBP Affidavit before a notary witness on 29 January 2020, declining SBP coverage. 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 determined there is insufficient evidence indicating Petitioner did not receive counseling on SBP prior to electing coverage. However, there is evidence to reflect Petitioner with spouse’s concurrence request to terminate SBP coverage within the allotted discontinuation period, therefore, under these circumstances, a measure of relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner elected SBP children only coverage naming and . as the beneficiaries, at the full retired pay level of coverage prior to her 31 August 2016 transfer to the Retired List. Petitioner changed SBP coverage from “children only” to “spouse and children” naming , and as the beneficiaries, at the same level of coverage as previously elected, within 1-year of marriage on 14 February 2017. Petitioner with spouse concurrence submitted DD Form 2656-2, Survivor Benefit Plan (SBP) Termination Request to Defense Finance and Accounting Services (DFAS) within the authorized discontinuation period. Note: DFAS will complete an audit of Petitioner’s pay records to determine amount of premiums to be refunded. The part of Petitioner’s request for corrective action that exceeds the forgoing is denied. By signing DD Form 2656, Data for Payment of Retired Personnel, Petitioner acknowledged the SBP election was irrevocable and the period SBP coverage could be terminated. 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.