DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S COURTHOUSE ROAD SUITE 1001 
ARLINGTON VA 22204-2490

From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO   
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) DODFMR VOL 7B, Ch 43 
 
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 declined participation in Survivor Benefit Plan (SBP). 
                                              
2.  The Board, consisting of  ,  ,   and    reviewed Petitioner’s allegations of error and injustice on 17 September 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), every retiring member who is married at retirement is automatically enrolled in SBP for full coverage unless the spouse consents in writing to reduced coverage or no coverage before the first day of eligibility to retired pay.  Additionally, DD Form 2656, Data for Payment of Retired Personnel indicates that spouse concurrence must not be before the member’s election/signature. 
                                
     b.  Petitioner married  on 11 September 2001. 
 
     c.  Petitioner’ spouse signed DD Form 2656, Data for Payment of Retired Personnel concurring with the election to decline participation in SBP on 5 May 2016. 
 
     d.  Petitioner signed DD Form 2656, Data for Payment of Retired Personnel declining to participate in SBP on 6 May 2016 

     e.  Petitioner transferred to the Fleet Marine Corps Reserve effective 1 August 2016 and was automatically enrolled in SBP Spouse and Child coverage. 
 
     f.  Petitioner and spouse signed SBP Affidavit before a notary witness on 14 September 2020  declining 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.  The Board concluded Petitioner provided sufficient evidence to reflect his and his spouse’s desire to decline SBP coverage.  Although Petitioner did not complete the proper administrative requirements, the Board felt that under these circumstances, relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner elected to decline participation in SBP with spouse concurrence prior to transferring to the Fleet Marine Corps Reserve on 31 July 2016.  Note:  Defense Finance and Accounting Service will complete an audit of Petitioner’s pay records to determine amount of premiums to be refunded. 
                                                             
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.