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 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 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), 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 20 September 1994. 
 
    c.  Petitioner divorced  on 5 January 2004.  Divorce decree does not direct SBP Former Spouse coverage. 
 
    d.  Petitioner married  on 3 October 2009. 
 
     e.  Petitioner divorced  on 8 December 2011.  Divorce decree does not direct SBP Former Spouse coverage. 
 
     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 22 April 2013.  Because an election was not provided within 90-days of receiving notification to participate in RCSBP, Petitioner was automatically enrolled in SBP children only coverage.  
 
     g.  Petitioner married  on 13 June 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 elected spouse SBP coverage naming  as the beneficiary, at the same level of coverage as previously elected within 1-year of marriage on 13 June 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. 
         7/7/2020