Docket No. 9084-19  
Ref:  Signature Date  
From: Chairman, Board for Correction of Naval Records  
To:   Secretary of the Navy  


Ref:  (a) 10 U.S.C. § 1552 
      (b) DODFMR, Vol 7B, Chp 43 

Encl: (1) DD Form 149 w/attachments 

1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed the enclosure with the Board for Correction of Naval Records (Board), requesting that her naval record be corrected to reflect her declination of Survivor Benefit Plan (SBP) coverage. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 28 February 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 enclosure, 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, finds as follows: 

a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulation within the Department of the Navy. 

b.  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, or if there is no eligible beneficiary at that time, within 1 year of acquiring an eligible beneficiary. 

c.  Petitioner enlisted in the Marine Corps on 17 December 2015. 

d.  Petitioner was medically retired on 30 July 2017.  

e.  Petitioner was automatically enrolled in SBP 31 July 2017.  No annuitant is listed.   

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting the following corrective action.  The Petitioner was unmarried without any dependents at the time of retirement.  Although the proper administrative requirements were not completed by the Defense Finance Accounting Services (DFAS), the Board concluded that relief is warranted. 

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that: 

Petitioner elected to decline enrollment in SBP prior to her retirement on 31 July 2017.  Any other election or declination executed by Petitioner is null and void. 

Note:  The Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay. 

Note:  No waiver of unpaid premiums will be granted. 

A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 

4.  It is certified that 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.