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, Ch 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 current spouse as Survivor Benefit Plan (SBP) beneficiary. 
                                              
2.  The Board, consisting of   ,   ,   and   reviewed Petitioner’s allegations of error and injustice on 24 September 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), a member who acquires a new spouse and/or child after retirement must make an election within 1 year of the event. 
 
     b.  Petitioner married  on 25 July 1987. 
 
     c.  Petitioner divorced  on 23 May 1991.  Divorce decree does not direct SBP Former Spouse coverage. 
 
     d.  Petitioner transferred to Fleet Reserve effective 1 December 2009. 
 
     e.  Petitioner was automatically enrolled in SBP on 1 December 2009; thereafter the enrollment was rescinded. 
 
     f.  Petitioner married  on 14 September 2017. 
 
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 failed to notify Defense Finance and Accounting Service of marriage to   within 1-year of their nuptials.  Although Petitioner did not complete the proper administrative requirements in a timely manner, the Board concluded under these circumstances, relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner elected spouse SBP coverage naming  as the beneficiary, at the same level of coverage as previously elected within 1-year of marriage on  September . 
 
Note:  No waiver of unpaid premiums will be granted. 
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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.