From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO   
 
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 current spouse as Reserve Component Survivor Benefit Plan (RCSBP) beneficiary. 
                                              
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, 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.  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), a member with spouse coverage may, within 1-year of date of the decree of divorce, suspend the election.  Upon remarriage, member may resume coverage, increase the level of coverage or elect not to have spouse coverage resumed within  
1-year of marriage. 
 
     c.  Petitioner married  on 9 December 1989. 
 
     d.  Petitioner issued Notification of Entitlement to Retired Pay at Age 60 and Eligibility to Participate in the Reserve Component Survivor Benefit Plan (RCSBP) on 16 January 2002. 
  
     e.  Petitioner earned 20 total years of qualifying service on 23 January 2002. 
 
     f.   Petitioner transferred to Retired Reserve awaiting pay at age 60 effective 1 September 2007. 
 
     g.  Petitioner divorced  on 22 July 2011.  Divorce decree and separation agreement does not direct SBP former spouse coverage. 
 
     h.  Petitioner married  on 4 January 2014. 
 
     i.  Petitioner transferred to Retired Reserve with-pay on . 
                     
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 Petitioner failed to notify cognizant authority of divorce and subsequent remarriage.  Although Petitioner did not complete the proper administrative requirements in a timely manner, the Board concluded that full relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner suspended spouse SBP coverage for  within 1-year of their  22 July 2011 divorce.   
 
Petitioner elected to resume spouse SBP coverage naming  as the beneficiary, at the same level of coverage as previously elected within 1-year of their 4 January 2014 marriage. 
 
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 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. 

         6/17/2020