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

Docket No. 323-19  
Ref:  Signature Date  

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

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

Encl: (1) DD Form 149 w/attachments 
      (2) Subject’s naval record 

1.  Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to reflect Survivor Benefit Plan (SBP) election for spouse and children. 

2.  The Board, consisting of    , reviewed Petitioner’s allegations of error and injustice on 17 January 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 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.  In accordance with reference (b), any Reserve member who does not have an eligible beneficiary when becoming eligible to participate in the Reserve Component Survivor Benefit Plan (RCSBP), who later marries or acquires a dependent child, may elect to participate in the RCSBP, if the election is completed within 1 year of acquiring a spouse or dependent child.  

     c.  Petitioner earned 20 total years of qualifying service at the end of anniversary year ending 2 February 2003.

     d.  Petitioner issued Notification of Entitlement to Receive Retired Pay at Age 60 and Eligibility to Participate in the RCSBP on 10 June 2003. 

     e.  Petitioner elected RCSBP coverage for Natural Person with an Insurable Interest naming               (mother) as the beneficiary on 7 September 2003.  

     f.  Petitioner married                    on 1 April 2006.  

     g.  Petitioner acquired a dependent child,                     on 6 December 2006; born on         
     h.  Petitioner’s daughter                  was born on                . 

     i.  Petitioner’s second daughter                 was born on            .

     j.  Petitioner’s son                   was born on               .  

     k.  Petitioner transferred to the Retired Reserve without-pay on 1 December 2014.

     l.  Petitioner transferred to the Retired List with-pay on .  

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting the following corrective action.  Petitioner failed to submit DD Form 2656-6, Survivor Benefit Plan Election Change Certificate within 1-year of marriage and birth of children.  Although Petitioner did not complete the proper administrative requirements in a timely manner, the Board concluded that a measure of relief is warranted. 

RECOMMENDATION 

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

Petitioner changed RCSBP election from “Insurable Interest” to “Spouse” naming                   as the beneficiary, at the same level of coverage as previously elected, within 1-year of marriage on 1 April 2006. 

Petitioner changed RCSBP election from “Spouse” to “Spouse and Child(ren)” naming                  and               as the beneficiaries, at the same level of coverage as previously elected, within 1-year of                 becoming a dependent child on  6 December 2006. 

Petitioner added subsequent children as beneficiaries to RCSBP election within 1-year of their respective dates of birth.  Note:                 -                  ,                ­             and                 -             . 

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. 


4/1/2020