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/attachment 
        (2) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a) Subject’s spouse, 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 Survivor Benefit Plan (SBP) 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 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, found that, before applying to this Board, she 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), the National Defense Authorization Act Fiscal Year  2016, amended the SBP statue to allow for members to elect spouse coverage after the death of a former spouse effective November 25, 2015.  The election must be received by the Secretary concerned within 1-year after the date of the death of the former spouse beneficiary and the level of coverage on the annuity base amount cannot be changed. 
 
     b.  Subject married  on 19 August 1967. 
 
     c.  Subject divorced  on 11 February 1988.  Divorce decree directed SBP Former Spouse coverage. 
 
     d.  Subject married  on 17 April 1988. 
  
     e.  Subject transferred to the Retired List effective 1 June 1991. 

     f.  Subject’s former spouse  died on 13 December 2017. 
 
     g.  Subject submitted DD Form 2656-6, Survivor Benefit Plan Change Certificate naming  as beneficiary on 1 February 2018. 
 
     h.  Subject died on 13 October 2018. 
 
     i.  On 6 March 2019, Defense Finance and Accounting Services notified Petitioner her claim was denied as a result of no records indicating the Subject made an SBP election.    
                                
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 Subject’s desire to name his spouse as SBP beneficiary after his former spouse’s death.  Although Subject did not complete the correct administrative requirements, the Board felt that under these circumstances, relief is warranted. 
      
RECOMMENDATION 
 
That Subject’s naval record be corrected, where appropriate, to show that: 
 
Subject changed his SBP election from “Former Spouse” to “Spouse” coverage, naming  
 as the beneficiary, at the same level of coverage as previously elected, within 1-year of his former spouse  death on 13 December 2017.  
 
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