DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 4123-19 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, Chp 43 Encl: (1) DD Form 149 w/attachments 1. Pursuant to the provisions of reference (a), Subject’s daughter, hereinafter referred to as Petitioner, filed enclosure (1) with this Board, requesting, in effect, 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 20 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 the date of the decree of divorce, change that election to provide an annuity to a former spouse. c. On 17 December 1958, Subject married d. On 12 December 1980, Subject retired, and elected Spouse and Child coverage. e. On 17 April 1990, Subject divorced Former Spouse SBP coverage was directed in the divorce decree. f. On 15 September 2016, Subject passed away. g. On 21 November 2016, Petitioner was named as Administratix of Subject’s estate. h. On 30 May 2017, the Defense Finance and Accounting Service (DFAS) denied request for former spouse SBP coverage because Subject did not submit DD Form 2656-1 requesting that the SBP coverage be changed from “Spouse” to “Former Spouse” coverage within one year of the divorce. Additionally, DFAS found that Subject’s former spouse did not submit a deemed election within one year of the divorce to correct the error. i. On 29 August 2017, the attorney for Subject’s former spouse appealed to DFAS to award her the former spouse coverage in accordance with the divorce decree. j. On 14 December 2017, DFAS denied the appeal. k. On 1 April 2019, the Board denied Subject’s former spouse’s request to correct Subject’s record from “Spouse” to “Former Spouse” coverage. l. On 9 April 2019, Subject’s daughter, the Adminstratix of his estate, submitted a DD Form 149 requesting that Subject’s record be changed to reflect that he made a timely request to change “Spouse” to “Former Spouse” coverage. 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 Subject’s desire to voluntarily change SBP coverage from “Spouse” to “Former Spouse” coverage. 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: Subject changed his SBP coverage from “Spouse” to “Former Spouse,” naming P as the beneficiary, at the same level of coverage as previously elected, within one year of his finalized divorce date (17 April 1990). A copy of this Report of Proceedings will be filed in Subject’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.