Dear ,  
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 23 July 2020.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies. 
 
You requested an amendment to your record to reflect Former Spouse Survivor Benefit Plan (SBP) coverage with a reduced base amount.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that your divorce decree of 12 May 2014 directed you to continue enrollment in SBP and stipulated “Former Spouse’s coverage shall be based on the Former Spouse-only and the full amount of the Member’s monthly retired pay”.  An amendment to the aforementioned court order was not provided to the Board for consideration.  Additionally, in accordance with Department of Defense Financial Management Regulation 7000.14-R, when a member elects Former Spouse coverage, the member and the Former Spouse must complete an election.  A review of your record indicates you and your Former Spouse signed DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage on 26 December 2018; however, there is no indication of your Former Spouse agreeing to coverage with a reduced base amount.  An amendment of the court order will be required in order for Defense Finance and Accounting Service to change the level of coverage from full gross pay to reduced base amount.   
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.   
 
Sincerely,