Docket No. 4934-19  
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 (excerpts) 

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 declined Survivor Benefit Plan (SBP) coverage prior to retirement. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 2 April 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), in the case a member electing a standard SBP annuity, the member must make such election before retired pay becomes payable. 

c.  Petitioner married on 19 June 2009. 

d.  Petitioner divorced on 8 September 2011. Note: Divorce 

e.  Petitioner transitioned to the Permanent Disability Retired List (PDRL) on 31 May 2017. 

f.  Petitioner was automatically enrolled in SBP for spouse coverage on 31 May 2017.  

g. Petitioner married on 11 Sep 2019.  

f.  Petitioner and spouse signed SBP Affidavit before a notary witness on 31 March 2020 declining SBP coverage. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting corrective action. The Board concluded Petitioner was not married at the time of retirement; as such, she should not have been enrolled in the SBP program.  Although the proper administrative requirements were not completed prior to Petitioner transferring to PDRL, the Board felt that, under these circumstances, a measure of relief is warranted. 

RECOMMENDATION 

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

Petitioner elected to decline enrollment in SBP prior to her 31 May 2017 transfer to the PDRL.  Any other election or declination executed by Petitioner is null and void. 

Note:  Defense Finance & 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 a quorum was present at theBoard’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.