From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO   
  
 Ref: (a) 10 U.S.C. § 1552 
 (b) DODFMR, Vol 7B, Chp 43 
 
Encl:   (1) DD Form 149 w/attachments 
 (2) DEERS Screenshot 
 (3) DD Form 214 
 (4) HUNT Screenshots 
  (5) DVA ltr dtd 26 Feb 20 
 (6) NPC ltr dtd 24 Jan 19 
 (7) SBP Premium Bill for July 2019 
 (8) SBP Premium Bill for December  
(9) SBP Affidavit dtd 3 Feb 2020  
 
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) prior to retirement. 
                                              
2.  The Board reviewed Petitioner’s allegations of error and injustice on 6 March 2020 and, pursuant to its regulations, determined that the corrective action indicated below 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 of a member electing a standard SBP annuity, the member must make such election before retired pay becomes payable.  Additionally, the policy indicates SBP participants may choose to voluntarily discontinue SBP participation during a 1-year period which begins on the second anniversary of the date of commencement of retired pay. 
 
     c.  Petitioner married  on 14 February 2004.  See enclosure (2). 
 
     d.  Petitioner transferred to the Temporary Disability Retired List (TDRL) on 25 February 2017.  See enclosure (3). 
 
     e.  Petitioner automatically enrolled in SBP effective 26 February 2017.  See enclosure (4). 
 
     f.  Department of Veterans Affairs (DVA) found Petitioner to be totally and permanently disabled effective 8 May 2018.  See enclosure (5). 
 
     g.  Petitioner transferred to to Permanent Disability Retired List (PDRL) effective 1 February 2019.  See enclosure (6). 
 
     h.  Petitioner received SBP Premium Bills in July and December 2019.  See enclosures (7) and (8). 
 
     i.  Petitioner and spouse signed a SBP Affidavit before a notary witness declining SBP coverage.  See enclosure (9). 
 
MAJORITY CONCLUSION 
 
Upon review and consideration of all the evidence of record, the majority, concluded the Petitioner’s request warranted favorable corrective action.  In this regard the majority determined there is insufficient evidence indicating Petitioner and spouse did not want SBP coverage prior to being transferred to the TDRL.  However, there is evidence to reflect Petitioner with spouse’s concurrence to terminate SBP coverage within the allotted discontinuation period.   
 
MAJORITY RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner with spouse concurrence submitted DD Form 2656-2, Survivor Benefit Plan (SBP) Termination Request to Defense Finance and Accounting Services (DFAS) within the authorized discontinuation period.  Note:  DFAS will complete an audit of Petitioner’s pay records to determine amount of premiums to be refunded. 
 
The part of Petitioner’s request for corrective action that exceeds the forgoing is denied. 
 
MINORITY CONCLUSION 
 
Upon review and consideration of all the evidence of record, the minority, concluded the Petitioner’s request warranted favorable corrective action.  In this regard the minority determined Petitioner did not have knowledge of SBP enrollment because she was not receiving monthly payments from DFAS, and therefore was not receiving monthly retirement account statements.  Petitioner became aware of the debt after receiving correspondence from DFAS.  The minority concluded Petitioner provided sufficient evidence to reflect her and her spouse’s desire to decline SBP coverage.   
 
MINORITY 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 26 February 2017.  Note:  DFAS will complete an audit of Petitioner’s pay records to determine amount of premiums to be refunded. 
 
4.  Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)) 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.  The foregoing action of the Board is submitted for your review and action. 
                                                                                                                                                            
            
 
Reviewed and Approved/Disapproved – Minority