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/attachments 
        (2) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a) Subject’s son, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to reflect election of Former Spouse Survivor Benefit Plan (SBP) coverage. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 25 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 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), a member with spouse or spouse and child coverage may, within 1 year of date of the decree of divorce, dissolution, or annulment, whichever is later, change that election to provide an annuity to a former spouse or to a former spouse and child. 
                              
    b.  Subject married  on 4 June 1983.  
 
    c.  Subject elected Spouse SBP coverage and transferred to the Fleet Reserve effective 1 June 1998.    
 
    d.  Subject divorced  on 23 June 2009.  Final Judgement of Dissolution of Marriage directed Former Spouse SBP coverage. 
 
    e.  Subject’s SBP Spouse coverage was suspended effective 23 June 2009. 

    f.  Subject date of death was 29 October 2017. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action.  Subject’s record reflects he paid 133 months of SBP premiums; however, he failed to submit DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage within 1-year of divorce.  Although Subject did not complete the correct administrative requirements, the Board felt that under these circumstances, relief is warranted. 
  
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Subject changed SBP election from “spouse” to “former spouse” coverage naming   as the beneficiary, at the same level of coverage as previously elected, within 1-year of finalized divorce date on 23 June 2009. 
 
Note:  No waiver of unpaid premiums will be granted. 
                                                             
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.