From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD   
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) DODFMR, 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 reflect declined participation in Survivor Benefit Plan (SBP). 
                                                                                        
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 23 July 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), in the case of a member electing a standard SBP annuity, the member must make such election before retired pay becomes payable. 
 
     b.  Petitioner married  on 3 December 1994. 
 
     c.  Petitioner divorced  on 1 November 2001.  Note:  Divorce decree does not direct Former Spouse SBP coverage.   
 
     d.  Petitioner married  on 23 January 2004. 
 
     e.  Petitioner divorced  on 24 October 2016. Note:  Divorce decree does not direct Former Spouse SBP coverage. 
 
     f.  Petitioner transferred to the Fleet Reserve effective 1 August 2017 and was automatically enrolled in SBP spouse coverage. 
                                
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action.  Petitioner’s record indicates he was not married at the time of his transfer to the Fleet Reserve; therefore should not have been automatically enrolled in SBP spouse coverage.  Although the correct administrative requirements were not completed, the Board felt that under these circumstances, relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner elected not to participate in SBP prior to transferring to the Fleet Reserve on  1 August 2017.  Note:  Defense Finance and Accounting Service will complete an audit of Petitioner’s pay records to determine amount of premiums to be refunded. 
 
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.