Docket No. 9282-19 
Ref: Signature Date 


This is in reference to your application for correction of your spouse’s naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of relevant portions of your spouse’s naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 May 2020.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your spouse’s naval record and applicable statutes, regulations and policies.  

You requested to have your spouse’s record corrected to reflect he elected Survivor Benefit Plan (SBP) with you as the beneficiary. The Board, in its review of your spouse’s entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded SBP elections are irrevocable in accordance with Department of Defense Financial Management Regulation 7000.14R.  Additionally, spouse concurrence for declined, reduced or child only Reserve Component Survivor Benefit Plan (RCSBP) coverage was not required for elections made prior to 1 January 2001.  A review of your spouse’s record indicates he elected child only RCSBP coverage on 19 August 1979, he transferred to the Retired Reserve with-pay effective 18 December 1993, and date of marriage to you was on 12 November 2003.  There is no evidence to corroborate your statement of being married prior to 12 November 2003.  Moreover, there is no record of your spouse registering you for SBP coverage within 1­year of your marriage or taking advantage of the open enrollment period subsequent to his retirement to change his previous election, thereby rendering you ineligible for an SBP annuity.    Regarding, DFAS-CL 5890/2, Designation of Beneficiary Information form is used to designate beneficiaries for money owed to the retiree at the time of death.  Not an election or designation of beneficiaries for SBP. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.