Docket No. 9642-19
Ref:   Signature Date
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD ICO  , USNR RET,   XXX-XX  
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) DoDFMR, Vol 7B Chp 54 
 
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 election of Reserve Component Survivor Benefit Plan (RCSBP) Former Spouse coverage. 
                                              
2.  The Board, consisting of  , reviewed Petitioner’s allegations of error and injustice on 19 November 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 with spouse or spouse and child coverage may, within 1 year of date of the decree of divorce, dissolution, or annulment, whichever is later, change that election to provide an annuity to a former spouse or to a former spouse and child. 
 
     b.  Petitioner married  13 February 1981.   
 
     c.  Petitioner earned 20 total years of qualifying service on 31 December 2006. 
 
     d.  Petitioner transferred to the Retired Reserve without pay on 1 January 2007. 
 
     e.  Petitioner divorced  , in and for , Consent Final Judgement of Dissolution of Marriage directed SBP Former Spouse coverage. 
 
     f.  Petitioner married  on 29 March 2018. 
 
     g.  On 4 October 2020, Navy Personnel Command (PERS-912E) notified Defense Finance and Accounting Service that the “Notification of Eligibility (NOE) to Retired Pay at/or after age 60 and the Reserve Component-Survivor Election certificate were not issue in (2006)” to Petitioner. 
 
     h.  Petitioner and current spouse signed SBP Affidavit before a notary witness on 21 October 2020 electing Former Spouse coverage. 
                                
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action.  PERS-912E failed to notify Petitioner of completing the requisite years of service to be eligible for retied pay, resulting in Petitioner not receiving the ability to make an election in 2006.  Although the proper administrative requirements were not completed, the Board felt that under these circumstances, relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner within 90 days after receiving Notification of Eligibility (NOE) to Receive Retired Pay at Age 60 and Participate in the Reserve Component Survivor Benefit Plan (RCSBP), elected RCSBP Spouse coverage, naming  as the beneficiary, at the full retired pay level of coverage. 
 
Petitioner changed RCSBP election from “Spouse” to “Former Spouse” coverage naming   as the beneficiary, at the same level of coverage as previously elected, within 1-year of divorce date on 3 April 2012. 
 
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 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.