From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO   XXX XX  USMC RET 
 
Ref:   (a) Title 10 U.S.C. § 1552 
 (b) DoD FMR, Vol 7B, Chapter 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 the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to establish Petitioner’s election change under Survivor Benefit Plan (SBP) from child only to spouse and child, with the Petitioner’s two youngest children as the beneficiaries. 
                                              
2.  The Board, consisting of Ms.  Mr. and Ms. , reviewed Petitioner’s allegations of error and injustice on 21 July 2021 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 a dependent child, who was unmarried on the date of retirement, may elect spouse coverage upon subsequent marriage regardless of whether coverage was elected for this dependent child.  The Secretary concerned within 1-year of marriage must receive the election.  Additionally, the level of SBP coverage may not be reduced nor may child coverage be eliminated. 
 
     b.  Petitioner’s son,  was born on . 
 
     c.  Petitioner married  on 30 September 1995 and divorced on 27 October 1999.  Divorce decree does not direct SBP Former Spouse coverage. 
 
     d.  Petitioner enter the Marine Corps on 28 May 2002. 
 
     e.  Petitioner remarried  on 31 Dec 2002 and divorced on 2 June 2011.  Divorce decree does not direct SBP Former Spouse coverage. 
      
     f.  Petitioner’s second son,  was born on . 
 
     g.  Petitioner married  on 21 September 1995 and divorced on 24 March 2014.  Divorce decree does not direct SBP Former Spouse coverage. 
 
     h.  On 24 August 2014, Petitioner signed DD Form 2656, Data for Payment of Retired Personnel electing SBP Children coverage at the full gross retired pay level of coverage. 
 
     i.  Petitioner transferred to the Fleet Marine Corps Reserve effective 1 November 2014 and SBP Children coverage began. 
 
     j.  Petitioner married  on 2 January 2016. 
 
     k.  On 7 November 2016, Petitioner signed DD Form 2656-6, Survivor Benefit Plan Election Change Certificate before a notary witness, electing to change SBP coverage from “Child” to “Spouse Only” coverage. 
 
     l.  Petitioner has two additional children;  born  and  on . 
 
     m.  On 24 July 2019, Petitioner signed DD Form 2656-6, Survivor Benefit Plan Election Change Certificate before a notary witness, electing to change SBP coverage from “Child” to “Spouse and Children” coverage.  Defense Finance and Accounting Service (DFAS) denied the request because the election was not received within 1-year of marriage.   
                                
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’s record reflects sufficient evidence to reflect participation in SBP Children coverage at the time of retirement, but failed to notify DFAS of current marriage to  within 1-year of their nuptials.  Although Petitioner did not complete the proper administrative requirements in a timely manner, the Board concluded that relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner changed SBP election from “Children” to “Spouse and Children” coverage naming ,  and  as the beneficiary, at the same level of coverage as previously elected within 1-year of marriage on 2 January 2016. 
  
Petitioner notified DFAS of the births of his two additional children within 1-year of their births,  born  and  born on . 
 
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. 

8/31/2021
Deputy Director