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 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 declined participation in the Reserve Component Survivor Benefit Plan (RCSBP) and Survivor Benefit Plan. 
                                              
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, 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), members notified of completion of the years of service required for retired pay eligibility for non-regular retirement must make an election to decline or elect reduced coverage with spousal concurrence within 90-days of receiving notification.  After 1 January 2001, a member who is married or has a dependent child is automatically enrolled in RCSBP if an election is not received within 90-days of receiving notification.   
 
     b.  Petitioner married  on 8 October 1988. 
 
     c.  Petitioner earned 20 total years of qualifying service on 28 February 2001. 
 
     d.  Petitioner was issued Notification of Eligibility (NOE) to Receive Retired Pay at Age 60 and Participate in the Reserve Component Survivor Benefit Plan (RCSBP) 8 May 2001. 
     e.  Petitioner’s Spouse was issued RCSBP enrollment notification on 14 May 2001. 
 
     f.  Petitioner submitted NRPC 1772/3, Reserve Component Survivor Benefit Plan on  3 August 2001 electing not to participate in RCSBP with spouse concurrence.  Note:  The form was filed in Petitioner’s official military personnel file and is marked as “valid”. 
 
     g.  Petitioner was automatically enrolled in RCSBP:  Option C (immediate survivor annuity) on 6 August 2001. 
 
     h.  Petitioner’s Spouse was issued notification of Petitioner’s election to decline RCSBP coverage on 10 August 2001. 
 
     i.  Petitioner transferred to the Retired Reserve without pay effective 1 October 2011. 
 
     j.  Petitioner submitted DD Form 2656, Data for Payment of Retired Personnel electing not to participate in SBP with spouse concurrence on or about 17 July 2018. Note:  PER-912E as “RCSBP Default Coverage”. 
 
     k.  Petitioner transferred to the Retired Reserve with pay effective 10 September 2018 and was automatically enrolled in SBP on 10 September 2018. 
                        
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 her and her spouse’s desire to decline RCSBP and SBP coverage.  Although the proper 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 Option A – declined RCSBP with spouse concurrence within 90-days of receiving NOE.   
 
Petitioner elected not to participate in SBP with spouse concurrence prior to transferring to Retired Reserve with-pay. 
 
Note:  Defense Finance and Accounting Service will complete an audit of Petitioner’s pay records to determine the amount of premium refund.  
                                                             
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.