Docket No. 9158-19  
Ref:  Signature Date  
From: Chairman, Board for Correction of Naval Records  
To:   Secretary of the Navy  


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’s son, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to reflect election of Former Spouse Survivor Benefit Plan (SBP) coverage. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 6 March 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 Subject’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 regulations within the Department of the Navy. 

b.  In accordance with reference (b), a member with spouse may, within 1-year of date of the decree of divorce, dissolution, or annulment, whichever is later, change that election to provide annuity to a former spouse. 

c.  Subject married on 17 May 1980. 

d.  Subject transferred to the Fleet Reserve effective 1 September 1996.  

e.  Subject divorced on 5 August 2015.  Marital Settlement Agreement of 21 May 2015 was incorporated into divorce decree and directed Subject to maintain SBP coverage for former spouse. 

f.  Subject died on 9 December 2015. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following partial corrective action.  Subject continued to pay SBP premiums after divorce; however, failed to submit DD Form 2656-1 Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage within 1-year of divorce. Although Subject did not complete the proper administrative requirements in a timely manner, the Board concluded that a measure of relief is warranted. 

RECOMMENDATION 

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

Subject changed SBP election from “Spouse” to “Former spouse” naming as the beneficiary, at the same level of coverage as previously elected, within 1-year of finalized divorce date on 5 August 2015. 

Note:  No waiver of unpaid premiums will be granted. 

A copy of this Report of Proceedings will be filed in Subject’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.