DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S COURTHOUSE ROAD SUITE 1001 ARLINGTON VA 22204-2490 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 daughter, 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 Survivor Benefit Plan (SBP) Former Spouse Coverage. 2. The Board, consisting of , , and reviewed Petitioner’s allegations of error and injustice on 8 October 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 Subject’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), 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 25 September 1993. c. Subject transferred to the Retired List effective 1 January 2011 and was automatically enrolled in SBP coverage. d. Subject divorced on 10 March 2011. Divorce document directed SBP Former Spouse coverage. e. Subject’s date of death was 28 June 2018. f. Petitioner received SBP annuity through 30 June 2019. g. On 29 September 2020, Petitioner submitted affidavit acknowledging repayment of previously received annuity. 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 90 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 proper administrative requirements, the Board felt that under these circumstances, relief is warranted. RECOMMENDATION That Subject’s naval record be corrected, where appropriate, to show that: Subject changed SBP election from “ Spouse and Children” 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 March . 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.