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) DoD 7000.14-R FMR, Vol. 7B, Ch. 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 show Petitioner declined participation in the Reserve Component Survivor Benefit Plan (RCSBP). 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 17 September 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, 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), members notified of completion of the years of service required for retired pay eligibility for non-regular retirement must make an election to decline or elect reduced coverage with spousal concurrence within 90-days of receiving notification. After 1 January 2001, a member who is married or has a dependent child is automatically enrolled in RCSBP if an election is not received within 90-days of receiving notification. c. On 31 January 1986, Petitioner got married. d. On 27 April 2017, Petitioner completed 20 years of qualifying service. e. On 25 October 2017, Petitioner was notified by Navy Personnel Command of Notification of Eligibility (NOE) to receive retired pay at or after age 60 and participate in the reserve component survivor benefit plan (RC-SBP). Furthermore, Petitioner’s election certificate must be completed and submitted to NPC (PERS-912) within 90 days of receipt of this letter, or she will be automatically enrolled with immediate spouse coverage based on her full retired pay. f. On 7 February 2018, Petitioner was notified for the second time by Navy Personnel Command of Notification of Eligibility (NOE) to receive retired pay at or after age 60 and participate in the reserve component survivor benefit plan (RC-SBP). Furthermore, Petitioner’s election certificate must be completed and submitted to NPC (PERS-912) within 90 days of receipt of this letter, or she will be automatically enrolled with immediate spouse coverage based on her full retired pay. g. On 2 April 2018, Petitioner was notified by Navy Personnel Command of reserve component-survivor election benefit plan (RC-SBP). On 25 October 2017, Petitioner was issued a Notification of Eligibility (NOE) letter to receive Retired Pay at/or beyond the age of 60 in addition to the RCSBP election certificate. PERS-912 did not receive an election certificate from Petitioner as was requested in the correspondence on the aforementioned date. Therefore, as of 23 January 2018, Petitioner was enrolled in an immediate RCSBP annuity for her spouse. h. On 2 May 2018, Navy Personnel Command received Petitioner’s DD Form 2656-5 (Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate. Petitioner requested with spousal concurrence Option “A” (I decline to make an election until age 60); however, Petitioner’s witness signed the form on a different date. Therefore, the form was not accepted. i. On 8 May 2018, Petitioner was notified by Navy Personnel Command of Reserve Component Survivor Benefit Plan (RCSBP). Petitioner’s 90 days expired on 8 May 2018, therefore, she was automatically enrolled in an immediate annuity for your spouse. j. On 14 May 2018, Petitioner was notified by Navy Personnel Command of retirement order and transfer authorization to retired reserve status with pay for non-regular service. Furthermore, Petitioner’s effective date for pay entitlement was 12 March 2018 vice her 60th birthday ( 2024). k. On 6 November 2018, Petitioner and her spouse completed an SBP affidavit declining SBP coverage. 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 although the proper administrative requirements were not completed, Petitioner provided sufficient evidence to reflect her and her spouse’s desire to decline RCSBP coverage. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner elected Option A – declined RCSBP with spouse concurrence within 90-days of receiving NOE. Any other election or declination executed by Petitioner is null and void. Petitioner elected not to participate in SBP with spouse concurrence prior to transferring to Retired Reserve with-pay. Note: DFAS will complete an audit of Petitioner pay record to determine if Petitioner is entitled to a refund. 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. 11/3/2020