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 declined participation in the Survivor Benefit Plan (SBP). 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 14 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), SBP elections must be made prior to retired pay becoming payable. 
 
     b.  Petitioner married  on 11 September 2002. 
      
     c.  Petitioner divorced  on 15 November 2005. 
 
     d.  Petitioner married  on 8 March 2008. 
 
     e.  Petitioner signed DD Form 2656, Data for Payment of Retired Personnel on 12 June 2018 declining to participate in SBP; however, witness information is not provided.  Petitioner’s spouse signed the form on the same day before a notary witness concurring with the declination.  
 
     f.  Petitioner transferred to the Fleet Reserve effective 1 August 2018. 
 
     g.  Petitioner was automatically enrolled in SBP coverage on 1 August 2018; however, an annuitant is not listed on his account.   
 
     h.  On 2 May 2019, Defense Finance and Accounting Service (DFAS) issued Petitioner notification that his DD Form 2656, Data for Payment of Retired Personnel was invalid. 
 
     i.  Petitioner and spouse signed SBP Affidavit before a notary witness on 11 March 2020 declining SBP participation. 
                                
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 provided sufficient evidence to reflect his and his spouse’s desire to decline SBP coverage.  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 the Fleet Reserve on 31 July 2018.  Note:  DFAS will complete an audit of Petitioner’s pay records to determine amount of premiums to be refunded. 
 
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. 
        7/7/2020