Docket No. 5893-19  
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 54 

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 7 May 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), any Reserve member who does not have an eligible beneficiary when becoming eligible to participate in RCSBP, who later marries or acquires a dependent child, may elect to participate in RCSBP, if the election is completed within 1 year of acquiring a spouse or dependent child. 

b.  Petitioner married on 28 August 1990. 

c.  Petitioner divorcedon 21 August 1998. Divorce decree does not direct SBP Former Spouse coverage. 

d.  Petitioner earned 20 total years of qualifying service on 13 August 2000. 

e.  Petitioner transferred to the Retired Reserve without-pay on 1 February 2001. 

f.  Petitioner was issued Notification of Eligibility (NOE) to Receive Retired Pay at Age 60 and Participate in the Reserve Component Survivor Benefit Plan (RCSBP) on 20 May 2014. 

g.  (RCSBP) Election Certificate electing Insurable Interest with as beneficiary on 28 May 2014. 

h.  Petitioner married on 18 October 2015. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action.  
Petitioner failed to notify Navy Personnel Command (PERS-912) of marriage to within 1-year of their nuptials.  

Although Petitioner did not complete the proper administrative requirements in a timely manner, the Board concluded that relief is warranted. 

RECOMMENDATION 

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

Petitioner submitted DD Form 2656-5, Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate, electing Option “A”, deferring survivor annuity election coverage until retirement age, within 90 days of receiving NOE and ability to participate in RCSBP. 

Petitioner submitted written request electing RCSBP Option “C” naming the beneficiary, at the full gross pay level of coverage within 1-year of marriage on 18 October 2015. 

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.