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

Docket No. 2915-19  
Ref:  Signature Date  

From: Chairman, Board for Correction of Naval Records  
To:   Secretary of the Navy  

Subj: REVIEW OF NAVAL RECORD ICO 

Ref: (a) 10 U.S.C. § 1552 
     (b) DODFMR, Vol 7B, Ch 54 

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 his naval record be corrected to reflect his declination of Reserve Component Survivor Benefit Plan (RCSBP) coverage. 

2.  The Board, consisting of                                                     , reviewed Petitioner’s allegations of error and injustice on 28 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.  Any member who is notified of his or her completion of the years of service required for retired pay eligibility for non-regular retirement may elect to participate in RCSBP before the end of the 90-day period. A member who is married or has a dependent child, and who receives notice of eligibility for retired pay, after January 1, 2001, is automatically an immediate participant in RCSBP unless the member elects (with spousal concurrence, if required) not to participate or to defer the decision or delay coverage before the end of the 90-day period.

     c.  Petitioner married                 on 26 October 1991.

     d.  Petitioner divorced                on 2 May 2011.  

     e.  Petitioner earned 20 total years of qualifying service (TYQS) on 27 February 2014. 

     f.  Petitioner was provided notification of eligibility (NOE) to receive retired pay at age 60 and for participation in the RCSBP on 25 June 2014. 

     g.  Petitioner was automatically enrolled in RCSBP-children coverage on 23 September 2014.  

     f.  Petitioner transferred to the Retired Reserve without-pay on 1 February 2015.  

     g.  Petitioner transferred to the Retired Reserve with-pay on 23 November 2018.   

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action.  Petitioner provided sufficient evidence that he had been divorced prior to receiving his NOE and RCSBP election certificate.  Additionally, his record reflects that his children were over 18 years old and not students, making them ineligible for RCSBP participation.  The Board concluded that, under the circumstances, relief is warranted. 

RECOMMENDATION 

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

Petitioner elected to decline enrollment in RCSBP within 90 days of his NOE. Any other election or declination executed by Petitioner is null and void. 

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. 

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. 


5/1/2020