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, 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 ,   ,   and    reviewed Petitioner’s allegations of error and injustice on 1 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 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 22 July 2002. 
 
     c.  Petitioner elected SBP spouse coverage on 4 March 2009. 
 
     d.  Petitioner transferred to the Temporary Disability Retired List (TDRL) on 5 April 2009. 
 
     e.  On 29 April 2018, Board decision docket 5344-17 corrected Petitioner’s record to reflect transfer to the Permanent Disability Retired List (PDRL) vice TDRL effective 5 April 2009. 
 
     f.  Petitioner and spouse signed notarized SBP Affidavit on 21 October 2019 declining SBP and submitted it to Navy Personnel Command. 
 
     g.  On 21 October 2019, Navy Personnel Command submitted an administrative error correction letter to Defense Finance and Accounting Service (DFAS) requesting record be corrected to reflect Petitioner declined SBP coverage. 
 
     h.  Petitioner and spouse signed an additional notarized SBP Affidavit on 2 September 2020 declining SBP. 
                                
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 his and his spouse’s desire to decline 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 to decline participation in SBP with spouse concurrence prior to his 5 April 2009 transfer to the PDRL.  Any other election or declination executed by Petitioner is null and void. 
 
Note:  DFAS will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay. 
                                                             
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.