DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 2016-19 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD Ref: (a) Title 10 U.S.C. §1552 (b) DODFMR, Vol 7B Encl: (1) DD Form 149 w/attachments (2) Subject’s naval record 1. Pursuant to the provisions of reference (a) Subject’s daughter, 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 Former Spouse Survivor Benefit Plan (SBP) coverage. 2. The Board, consisting of , reviewed Subject’s allegations of error and injustice on 7 February 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, finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. In accordance with reference (b), a member with spouse may, within 1-year of date of the decree of divorce, dissolution, or annulment, whichever is later, change that election to provide annuity to a former spouse. c. Subject transferred to the Fleet Reserve on 31 July 1962. d. Subject married on 15 December 1964. e. Subject elected SBP Spouse coverage on 27 December 1972. f. Subject’s spouse died on 26 January 2009. g. Subject married (Petitioner) on 9 December 2010. h. On 30 March 2011, Defense Finance and Accounting Services (DFAS) notified Subject his account was updated with Petitioner as SBP beneficiary. i. Subject divorced Petitioner on 12 February 2013. Court directed Subject to maintain Petitioner as SBP beneficiary. j. Subject died on 17 November 2016. k. Petitioner submitted DD Form 2656-7 (Verification of Survivor Annuity) dated 9 January 2017 to DFAS. l. On 14 February 2017, DFAS notified Petitioner her claim was denied as a result of her former spouse not making a request to change his election to former spouse coverage nor was a deemed election for former spouse coverage made by her. m. On 7 March 2017, Petitioner’s lawyer sent DFAS, an appeal to decision to deny the SBP application of because she did submit a timely request for deemed election. The request for deemed election was submitted on 2 May 2013. n. On 31 July 2018, DFAS recommended its denial be affirmed because DFAS did not receive a former spouse deemed election request from Petitioner within one year of her divorce. 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 that both subject and Petitioner failed to submit a written request for conversion from spouse to former spouse SBP coverage within 1-year of their divorce. Although the proper administrative requirements were not completed in a timely manner, the Board concluded that a measure of relief is warranted. RECOMMENDATION That Subject’s naval record be corrected, where appropriate, to show that: Subject executed a written request for conversion from spouse to former spouse SBP coverage, at the same level of coverage as previously elected, naming Ivelisse Negron as the beneficiary. The request was received by cognizant authority and became effective 14 February 2013, the day following the date of divorce. A copy of this Report of Proceedings will be filed in Subject’s naval record. 4. It is certified that 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.