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 Reserve Component Survivor Benefit Plan (RCSBP). 
                                              
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 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), RCSBP elections are irrevocable.  After 1 January 2001, a member who is married or has a dependent child, and who receives notice of eligibility (NOE) for retired pay is automatically enrolled in RCSBP coverage unless declined, deferred or delayed coverage within 90-days of receiving NOE.   
 
     b.  Petitioner married  on 8 July 1996. 
 
     c.  Petitioner divorced  on 8 November 1997.  Divorce document does not direct SBP Former Spouse coverage. 
 
     d.  Petitioner earned 20 total years of qualifying service on 22 September 2013. 
 
     e.  Petitioner was issued Notification of Entitlement to Retired Pay at Age 60 and Eligibility to Participate in the Reserve Component Survivor Benefit Plan (RCSBP) on 30 September 2013. 
 
     f.  Petitioner elected RCSBP Option C (Immediate Annuity) on 13 December 2013. 
 
     g.  Petitioner submitted DD Form 2656, Data for Payment of Retired Personnel to DFAS on 
14 November 2019 declining Survivor Benefit Plan (SBP) coverage. 
 
     h.  Petitioner submitted DD Form 2656, Data for Payment of Retired Personnel to DFAS on  
9 August 2020 declining SBP coverage. 
 
     i.  Petitioner transferred to Retired Reserve (Awaiting Pay) effective 1 January 2020.   
 
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’s record reflects he did not have eligible dependents to become RCSBP beneficiaries at the time of receiving NOE, therefore the Board concluded that, under the circumstances, relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner elected to decline participation in RCSBP within 90 days of receiving NOE.  Any other election or declination executed by Petitioner is null and void. 
                                                             
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.