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. 43 
 
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 Survivor Benefit Plan (SBP). 
                                              
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 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.  On 17 March 2007, Petitioner was released from active duty after completing 4 years. 
 
     c.  On 13 July 2017, Petitioner was placed on the Temporary Disability Retirement List effective 17 March 2007 via BCNR action.  Furthermore, Petitioner enrolled Natural Interest Person in SBP.   
 
     d.  On 8 November 2018, Petitioner was transferred to the Permanent Disability Retired List effective 17 March 2012. 
 
     e.  On 31 May 2019 and 22 August 2019, Petitioner submitted a SBP withdrawal consent/SBP termination request.  Petitioner was dis-enrolled on 1 September 2019. 
  
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 when Petitioner was transferred to the TDRL via BCNR action, he was not counseled properly on SBP coverage and costs and had no dependents.   
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner declined participation in the SBP prior to his transfer to the TDRL on 17 March 2007.   
                                                             
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.