Docket No. 3504-19  
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 declination of 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 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, found that, before applying to this Board, she exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 

b.  In accordance with reference (b), members notified of completion of the years of service required for retired pay eligibility for non-regular retirement must make an election to decline or elect reduced coverage with spousal concurrence within 90-days of receiving notification.  After 1 January 2001, a member who is married or has a dependent child is automatically enrolled in RCSBP if an election is not received within 90-days of receiving notification.  

c.  Petitioner married  on 20 July 1984. 

d.  Petitioner earned 20 total years of qualifying service on 22 December 2004. 

e.  Petitioner was issued Notification of Eligibility (NOE) to Receive Retired Pay at Age 60 and Participate in the Reserve Component Survivor Benefit Plan (RCSBP) on . 

f.  Petitioner automatically enrolled in RCSBP: Option C (immediate survivor annuity) on 16 July 2005. 

g.  Petitioner divorced 22 March 2011.  The divorce decree did not include a mandate that Petitioner maintain former spouse SBP coverage. 

h. Petitioner married on 16 August 2014. 

i.  Petitioner transferred to the Retired Reserve without pay on 1 January 2015. 

j.  Petitioner transferred to the Retired Reserve with pay on . 

k.  Petitioner submitted DD Form 2656, Data for Payment of Retired Personnel electing not to participate in Survivor Benefit Plan (SBP) on or about 14 September 2018. 

l.  Petitioner and spouse signed SBP Affidavit before a notary witness declining SBP coverage on 18 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 Petitioner provided sufficient evidence to reflect her and her spouse’s desire to decline RCSBP coverage.  Although Petitioner did not correctly complete the proper administrative requirements, the Board felt that under these circumstances, full 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 receiving NOE.  Note:  Defense Finance and Accounting Service will complete an audit of Petitioner’s pay records to determine the amount of premium refund. 

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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.