DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 0092-19 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’s spouse, hereinafter referred to as Petitioner, filed enclosure (1) with this Board, requesting that the applicable naval record be corrected to reflect timely submission of DD Form 2656-7, Survivor Benefit Plan (SBP) Verification of Survivor Annuity Form. 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 30 October 2019 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 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 regulation within the Department of the Navy. b. In accordance with reference (b), Reserve Component Survivor Benefit Plan (RCSBP) coverage shall begin when a member, who has a spouse, becomes eligible to receive retired pay at age 60 and participate in the RCSBP, unless declined in a timely manner. c. Subject married on 2 December 1982. d. Subject received notice of his eligibility for retired pay at age 60 and for RCSBP coverage on 28 May 2003. e. Subject transferred to the Retired Reserve on 10 October 2006. f. Subject died on g. Petitioner notified the Navy Personnel Command (NPC) of Subject’s death on 13 December 2007 and requested copies of his medical and service records. h. Petitioner contacted PERS-912 on 14 November 2017 to determine what benefits she would have been eligible for upon what would have been Subject’s 60th birthday. i. On , Subject would have been 60 years old and eligible to begin receiving retired pay. j. Petitioner contacted the Defense Finance and Accounting Services (DFAS) on to determine what benefits she is eligible to receive as a result of what would have been Subject’s 60th birthday. k. On 7 August 2018, the DFAS denied Petitioner’s request for RCSBP under the Barring Act, 31 U.S.C. § 3702, because she did not request payment of a claim within six years from the date it accrued. l. On 28 August 2018, Petitioner appealed to the Assistant Secretary of the Navy (ASN), Financial Management and Comptroller, to request a waiver of the Barring Act. m. On 6 November 2018, the ASN, Financial Management and Comptroller, informed Petitioner that the Barring Act cannot be waived, and direct her to submit a DD Form 149 to BCNR. 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 that Petitioner provided sufficient evidence that Subject should have been automatically enrolled in RCSBP, Option C, upon becoming eligible to receive retired pay at age 60, which would have provided Petitioner with immediate RCSBP coverage upon Subject’s death. Although the proper administrative requirements were not completed, the Board determined that, under the circumstances, a measure of relief is warranted. RECOMMENDATION That Subject’s naval record be corrected, where appropriate, to show that: Subject was enrolled in RCSBP coverage, Option C, naming beneficiary. Petitioner submitted a claim for RCSBP benefits to the Department of the Navy and to the DFAS in a timely manner. A copy of this Report of Proceedings will be filed in Subject’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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.