Docket No. 4962-19  
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 Ch 42 

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 declined participation in the Survivor Benefit Plan (SBP). 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 23 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, 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: 

a.  In accordance with reference (b), if SBP premiums cannot be deducted in the full amount required and the retired member has been awarded Combat-Related Special Compensation (CRSC) pay under 10 U.S.C. § 1413a the deduction that would otherwise have been made from the retired pay will be taken from the retired member’s CRSC for that period. 

b.  Petitioner married on 16 April 2003. 

c.  Petitioner submitted DD Form 2656, Data for Payment of Retired Personnel electing SBP Spouse and Children coverage on 14 April 2009. 

d.  Petitioner transferred to the Temporary Disability Retired List (TDRL) effective 1 May 2009 and was enrolled in SBP Spouse and Child coverage. 

e.  Petitioner transferred to the Permanent Disability Retired List (PDRL) effective 1 May 2014. 

f.  Petitioner signed SBP Affidavit on 12 April 2019 requesting to decline SBP coverage.  Spouse signed the SBP Affidavit before a notary witness on 26 April 2019 concurring with Petitioners request to decline 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 determined Petitioner was unaware of SBP premiums accruing because he was not receiving monthly payments from Defense Finance and Accounting Service (DFAS), and therefore was not receiving monthly retirement account statements.  Petitioner became aware of the enrollment after receiving correspondence from DFAS.  Although Petitioner did not complete the correct administrative requirements, the Board felt that under these circumstances, relief is warranted. 

RECOMMENDATION 

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

Petitioner elected to decline participation in SBP with spouse concurrence prior to transferring to TDRL on 30 April 2009.  Note:  DFAS will complete an audit of Petitioner’s pay records to determine amount of premiums to be refunded. 

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.