DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1732-19 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) prior to retirement. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 23 April 2020 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 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 on 21 September 1981. c. Petitioner transferred to the Temporary Disability Retired List (TDRL) effective 15 July 1988. d. Petitioner automatically enrolled in SBP on 16 July 1988. e. Petitioner and spouse signed SBP Affidavit before a notary witness on 19 August 1988 declining SBP coverage. f. Petitioner transferred to the Permanent Disability Retired List effective 1 May 1991. g. On 8 August 2018, Defense Finance and Accounting Service (DFAS) issued Petitioner an invoice for SBP coverage. h. Petitioner and spouse signed SBP Affidavit before a notary witness on 13 February 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 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 Petitioner 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: Petitioner elected to decline participation in SBP with spouse concurrence prior to transferring to TDRL on 15 July 1988. 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.