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) BUPERSINST 1001.39F 
 
Encl:   (1) DD Form 149 w/attachments 
            (2) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a) Subject’s widow, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record to show that subject enrolled his spouse in the Reserve Component Survivor Benefit Plan (RCSBP), and that he submitted and was approved for retirement.   
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 11 June 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 subject’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 DoD 7000.14R FMR Volume 7B, Chapter 54 , Any member who is notified of his or her completion of the years of service required for retired pay eligibility for non-regular retirement may elect to participate in RCSBP before the end of the 90-day period. A member who is married or has a dependent child, and who receives notice of eligibility for retired pay, after January 1, 2001, is automatically an immediate participant in RCSBP unless the member elects (with spousal concurrence, if required) not to participate or to defer the decision or delay coverage before the end of the 90-day period. 
 
     c.  On 9 September 1987, subject enlisted for 8 years in the U.S. Navy Reserve. 
 
     d.  On 24 September 2000, subject got married. 

     e.  On 14 December 2008, subject completed 20 Qualifying Years of Service. 
 
     f.  On 26 May 2009, subject’s Notification of Eligibility (NOE) to receive retired pay at age 60 and participate in the Reserve Component Survivor Benefit Plan (RCSBP) letter was published.  
 
     g.  On 8 February 2015, subject reenlisted for 2 years, and later extended for an additional 11 months. 
 
     h.  On 14 December 2017, subject completed 29 Qualifying Years of Service. 
 
     i.  On  7 January 2018, subject was discharged. 
 
     j.  On 16 June 2019, subject died prior to reaching age 60.   
                                 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the contents of reference (b), the Board finds the existence of an injustice warranting the following corrective action.  The Board concluded that subject was eligible to enroll in RCSBP and was eligible to retire beginning 14 December 2008 until he was separated 7 January 2018.  Furthermore, there was no evidence that he tried to enroll within 90 days of receiving his NOE letter.  Therefore, his spouse would have been automatically enrolled in RCSBP. 
 
RECOMMENDATION 
 
That subject’s naval record be corrected, where appropriate, to show that: 
 
Subject executed a written request naming  as the beneficiary under RCSBP spouse category, at the full base amount, Option C.  The request was received by cognizant authority and became effective 27 May 2009, the day following the date of the Notification of Eligibility (NOE) to receive retired pay at age 60 and participate in the Reserve Component Survivor Benefit Plan (RCSBP). 
 
Subject was transferred to the retired reserve, without pay, effective 1 January 2018.  Subject completed 29 Qualifying Years of Service. 
                                                                                                                   
A copy of this Report of Proceedings will be filed in subject’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.