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

Docket No. 2965-19  
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. 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 hernaval record be corrected to reflect her declination of participation in the Reserve Component Survivor Benefit Plan (RCSBP). 

2.  The Board, consisting of        , reviewed Petitioner’s allegations of error and injustice on 27 March 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 regulations 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 22 July 1987. 

d.  Petitioner earned 20 total years of qualifying service on 23 March 2001. 

e.  Petitioner was issued her notification of eligibility (NOE) on 23 March 2001. 

f.  Petitioner’s spouse was issued a NOE on 22 June 2001. 

g.  Petitioner transferred to the Retired Reserve without pay on 1 August 2001. 

h.  Petitioner was automatically enrolled in the RCSBP: Option C (immediate survivor annuity) on 13 September 2001. 

i.  Petitioner and her spouse signed and notarized DD Form 2656, Data for Payment of Retired Personnel, declining SBP on 18 June 2018. 

j.  Petitioner transferred to the Retired Reserve with pay on 11 September 2018. 

k.  Petitioner and her spouse signed and notarized an SBP affidavit declining SBP on 6 March 2020. 

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 her and her spouse’s desire to decline 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 elected to decline enrollment in the RCSBP within 90 days of her 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 she is due any back pay. 

Note:  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.