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 Chp 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 reflect current spouse as Reserve Component Survivor Benefit Plan (RCSBP) beneficiary. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 20 August 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 who is married or has a dependent child, and who receives notice of eligibility for retired pay, after January 1, 2001, is automatically an immediate participant in RCSBP unless the member elects (with spousal concurrence, if required) not to participate or to defer the decision or delay coverage before the end of the 90-day period.  Additionally, the policy indicates that Reserve members that are not married when becoming eligible to participate in RCSBP, who later marries, may elect to participate in RCSBP, if the election is completed within 1 year of acquiring a spouse.  
 
     b.  Petitioner married  on 21 August 1981. 
 
     c.  Petitioner’s child was born on 10 March 1992. 
 
     d.  Petitioner divorced  on 8 March 2013.  Divorce decree does not direct RCSBP or Survivor Benefit Plan Former Spouse coverage. 
 
     e.  Petitioner earned 20 total years of qualifying service on 28 May 2013. 
 
     f.  Petitioner was issued Notification of Eligibility (NOE) to Receive Retired Pay at Age 60 and Participate in the Reserve Component Survivor Benefit Plan (RCSBP) on 30 September 2013.   
 
     g.  Petitioner married  on 24 April 2014. 
 
     h.  Petitioner transferred to the Retired Reserve with pay effective 1 April 2018. 
 
     i.  On 23 May 2018, Navy Personnel Command notified Defense Finance and Accounting Service (DFAS) that Petitioner failed to make an election within 90-days from the date NOE was received and therefore as of 29 December 2013 was enrolled in an immediate RCSBP annuity for his child. 
 
     j.  Petitioner submitted DD Form 2656, Data for Payment of Retired Personnel to DFAS on  25 January 2019 electing Option C – Previously elected or defaulted to immediate RCSBP Coverage.  Note:  Petitioner annotated the form indicating he was requesting to change coverage from daughter to spouse. 
                                
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 failed to notify Navy Personnel Command (PERS-912) of marriage to  within 1-year of their nuptials.  Although Petitioner did not complete the proper administrative requirements in a timely manner, the Board concluded that partial relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner changed RCSBP election from “child” to “spouse” coverage naming  as the beneficiary, at the same level of coverage as previously elected within 1-year of marriage on 24 April 2014. 
 
The part of Petitioner’s request for corrective action that exceeds the forgoing is denied.  There is no record of Petitioner electing to decline RCSBP coverage within 90-days of receiving NOE; therefore, automatic enrollment in an immediate RCSBP annuity for his child was in keeping with reference (b). 
 
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.