Docket No. 4126-19  
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, hereinafter referred to as Petitioner, filed the enclosure with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to reflect termination of Survivor Benefit Plan (SBP) coverage. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 28 February 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 regulation within the Department of the Navy. 

b.  In accordance with reference (b), an SBP participant may choose to voluntarily discontinue SBP participation during the 1-year period that begins on the second anniversary of the date of commencement of retired pay. The date of commencement of retired pay is defined as the date that the retiree becomes entitled to retired pay. 


c.  Petitioner married on 22 April 2000. 

d.  Petitioner transferred to the Retired List on 1 October 2015.  

e.  Petitioner enrolled in SBP on 1 October 2015. 


f.  Petitioner and his spouse signed and notarized DD Form 2656-2, Survivor Benefit Plan (SBP) Termination Request, on 21 August 2019. 

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 his and his spouse’s desire to terminate 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 submitted a written request to terminate his SBP election with spousal concurrence beginning the first day of the 25th month of retirement.  

Note: The Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay. 

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.