Docket No. 3719-19  
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 43 

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 suspension of Reserve Component Survivor Benefit Plan (RCSBP) coverage. 

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, he 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), a member with spouse coverage may, within 1 year of date of the decree of divorce, dissolution or annulment, suspend coverage. 

c.  Petitioner married on 10 March 2007. 

d.  Petitioner earned 20 total years of qualifying service on 29 August 2014. 

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

f.  Petitioner divorced on 11 January 2017.  Former Spouse SBP coverage was not directed. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action.  The Board concluded Petitioner provided sufficient evidence to reflect divorcing spouse and not being required to elect Former Spouse SBP coverage. Although Petitioner did not complete the proper administrative requirements in a timely manner, 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 submitted written notification to cognizant authority to suspend RCSBP election coverage within 1-year of her 11 January 2017 divorce. 

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.