DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 2930-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Commandant of the Marine Corps Ref: (a) 10 U.S.C. § 1552 (b) DODFMR, Vol 7B, Chp 43 Encl: (1) DD Form 149 w/attachments 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board, requesting that the applicable naval record be corrected to reflect timely submission of DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 27 November 2019 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 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 regulation within the Department of the Navy. b. In accordance with reference (b), a member with spouse coverage may, within one year of date of the decree of divorce, change that election to provide an annuity to a former spouse. c. On 24 February 2010, Petitioner married , USN (Ret.). d. On 31 December 2016, Petitioner retired and elected SBP coverage for Spouse and Child. e. On 1 November 2017, Petitioner and his former spouse’s divorce was finalized. The divorce decree did not mandate that Petitioner, or his former spouse, maintain former spouse SBP coverage on each other. However, both Petitioner and his former spouse have voluntarily agreed to maintain former spouse and child SBP coverage. f. On 12 January 2019, Petitioner and his former spouse both submitted a DD Form 2656-1 to the Defense Finance and Accounting Service (DFAS), requesting that each of their records be change from “spouse and child” to “former spouse and child coverage.” g. On 24 January 2019, the DFAS notified Petitioner and his former spouse that their requests were denied because they did not submit their respective DD Form 2656-1 within one year of their 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 Petitioner provided sufficient evidence to reflect his desire to voluntarily change SBP coverage from Spouse to Former Spouse. Although the proper administrative requirements were not completed by the Subject, the Board determined that, under the circumstances, relief is warranted. RECOMMENDATION That Subject’s naval record be corrected, where appropriate, to show that: Petitioner changed his SBP coverage from “spouse and child” to “former spouse and child,” naming , USN (Ret.), as the beneficiary of the “former spouse” coverage, at the same level of coverage as previously elected, within one year of his finalized divorce date (1 November 2017). 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 1/28/2020