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

Docket No. 2046-19 
 
Ref:  Signature Date  
From: Chairman, Board for Correction of Naval Records  
To:   Secretary of the Navy  


Ref: (a) 10 U.S.C. § 1552 
     (b) DODFMR, Vol 7B, Ch 43 

Encl:(1) DD Form 149 w/attachments 

1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed the enclosure with the Board for Correction of Naval Records (Board), requesting that hisnaval record be corrected to reflect termination of his participation in the Survivor Benefit Plan (SBP). 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 14 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 enclosure, 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, finds as follows: 

a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulation within the Department of the Navy. 

b.  In accordance with reference (b), written spousal concurrence is required when the member elects to decline coverage or provide the spouse with less than the maximum SBP coverage available. 


c.  Petitioner married on 5 November 1988. 

d.  Petitioner transferred to the Fleet Reserve on 1 September 2015. 

e.  Petitioner enrolled in SBP on 1 September 2015. 

f.  On 17 December 2018, Petitioner submitted Survivor Benefit Plan Election Change Certificate (DD Form 2656-6) to terminate SBP coverage.  

g.  On 19 December 2018, the Defense Finance and Accounting Services  (DFAS) notified Petitioner he had a one-year window between the 25th and 36th month after receiving retired pay to withdraw from SBP.  Since he had been retired for 39 months at the time of his submission for termination, he was no longer eligible to withdraw.  

h. On 3 January 2020, Petitioner and his spouse signed an SBP affidavit before a notary witness to terminate participation in SBP. 

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 Petitioner provided sufficient evidence to reflect his and his spouse’s desire to terminate SBP coverage.  Although the proper administrative requirements were not correctly completed by Petitioner, the Board concluded that, under the circumstances, relief is warranted. 

RECOMMENDATION 

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

Petitioner submitted a written request to terminate his SBP election, with his spouse’s concurrence, beginning the first day of the 25th month of retirement.  

Note: The Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if he is due any back pay. 

Note:  No waiver of unpaid premiums will be granted. 

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