Dear ,  
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 22 October 2020.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies. 
 
You requested Survivor Benefit Plan (SBP) coverage for your current spouse, .  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  The Board concluded that you were divorced from your former spouse on 18 November 2008.  The State of , County of , Military Pension Division Order stated, “Defendant [You] agrees to, and shall, elect to make Plaintiff [] the sole primary beneficiary of his United States Navy Survivor Benefit Plan (SBP) within sixty (60) days of the date of the filing of this order and to provide a copy of said election to Plaintiff.  Defendant shall elect the spouse-only portion and shall select as the base amount the full amount of monthly retired pay.  Defendant will be solely responsible for payment of the premiums for this coverage…” The Board felt that granting your request to enroll your current spouse as SBP beneficiary would be undermining the court order.  However, you are advised that you may submit an application to the Board to have your record corrected to reflect SBP Former Spouse coverage per court order.   
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.   
 
   Sincerely,