DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2009-089 
 
XXXXXXXXXXXXXXXX 
XXXXXXXXXXXXXXXX 
   

FINAL DECISION 

 

 
 

 

 
 
This proceeding was conducted according to the provisions of section 1552 of title 10 and 
section 425 of title 14 of the United States Code.  The Chair docketed the case, upon receipt of 
the  applicant’s  completed  application  and  military  records  on  February  20,  2009,  and 
subsequently prepared the final decision for the Board as required by 33 C.F.R. § 52.61(c).          
 
 
appointed members who were designated to serve as the Board in this case. 
 

This final decision, dated November 12, 2009, is approved and signed by the three duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

The applicant asked the Board to correct her record by voiding her participation in the 
survivor benefit plan (SBP).  Full Spouse and child SBP coverage was automatically elected for 
the applicant when the pertinent Coast Guard office did not receive an SBP election certificate 
from the applicant prior to her retirement on September 1, 2007. 

 
The  applicant  asserted  that  she  completed  the  election  certificate  and  chose  not  to 
participate prior to her retirement.  She stated that she gave the form to the yeoman who was 
processing her retirement from the Coast Guard.  According to the applicant, the yeoman told her 
that he would send the completed election certificate to Retirement Annuitant Services (RAS).  
She stated that she was not aware that her SBP election had not been submitted until October 1, 
2007 when she contacted RAS about her retirement check.  She stated that she was instructed to 
resubmit the SBP election form.  She stated that because she did not keep a copy of the original 
election form that she gave to the yeoman, she completed a new form, backdated it, and sent it to 
RAS.    Subsequently,  she  received  her  retirement  pay  for  October  2007  showing  a  $195.72 
deduction for full spousal coverage and .66 for child coverage.  She stated that she was told to 
appeal the automatic election.  She appealed the matter on October 30, 2007, and on July 28, 
2008, her appealed was denied by Mr. B by direction of the Commandant.   

 
The applicant submitted a January 12, 2009, email from YN2 C that stated the following:  
“Prior to your retirement, I do recall seeing your [Coast Guard & NOAA Retired Pay Account 

Worksheet and Survivor Benefit Plan Election], which had your desire to decline coverage.  I last 
recall seeing the 4700 in the PDR, which was just prior to my transfer.  I do not recall who took 
possession of the PDR and final paperwork.”   

 
The applicant also submitted an email from YN2 C’s supervisor at the time in question.  
The supervisor stated that YN2 C was counseled about his work not being completed on time 
and that while he was under her supervision there were several incomplete projects.  She stated 
that she moved to another job in August 2007 and did not remember YN2 C giving her anything 
related to the applicant’s retirement.   
 

VIEWS OF THE COAST GUARD 

On April 16, 2009, the Judge Advocate General (JAG) of the Coast Guard submitted an 
advisory  opinion  adopting  the  facts  and  analysis  provided  by  the  Commander,  Coast  Guard 
Personnel Service Command (PSC). 

 
 PSC  recommended  that  the  applicant’s  record  be  corrected  to  show  that  prior  to  her 
retirement, on August 28, 2007, she completed PSC 4700 and elected, with the concurrence of  
her spouse, not to participate in SBP coverage.  In regard to this recommendation, PSC stated the 
following: 

 
a. The applicant states that she declined coverage for SBP prior to her effective 
date  of  retirement,  though  there  is  no  record  of  the  SPO  [servicing  personnel 
office] or PSC processing the applicant’s PSC-4700.  The applicant acted in good 
faith  after  being  advised  of  her  retirement  pay  and  the  deductions  for  SBP 
premiums  that  she  had  thought  she  declined.    She  immediately  contacted  PSC 
regarding  the  discrepancy,  and  after  a  seven-month  delay,  Commandant  (CG-
1222) denied the applicant’s request, indicating in part that there [was] nothing to 
support that the applicant had submitted her PSC-4700 to the SPO. 

b.  Subsequent  to  this  determination  by  CG-1222,  the  applicant  had  provided  a 
statement from the yeoman who acknowledged receipt of the PSC-4700 prior to 
the  applicant’s  effective  date  of  retirement.    While  procedures  place  the 
responsibility for processing delivery of the PSC-4700 to PSC on the applicant, 
she did in fact present the form to an agent of the government who presumptively 
was going to process the form similar to other retirement paperwork. 

 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

On June 22, 2009, the Board received the applicant’s response to the views of the Coast 

 

 

 
 

 
 
Guard expressing her agreement with them.   
 

 
 

FINDINGS AND CONCLUSIONS 

The Board makes the following findings and conclusions on the basis of the applicant's 

 
 
military record and submissions, the Coast Guard's submissions, and applicable law: 
 

1.  The Board has jurisdiction concerning this matter pursuant to section 1552 of title 10 

of the United States Code.  The application was timely.  

 
2.  Article 18.F.4.b. of the Personnel Manual states that unless a member elects not to 
participate in SBP or elects to participate  at less than maximum level, before the first day on 
which  he/she  becomes  entitled  to  retired  pay,  each  member  with  a  spouse  and/or  dependent 
children on the date of retirement will automatically participate in SBP at the maximum level.  
The  applicant  retired  effective  September  1,  2007  and  was  due  her  first  retirement  check  on 
October 1, 2007.  Because RAS had not received her SBP election not to participate in SBP she 
was automatically enrolled in the plan at the maximum level. 

 
3.  The Coast Guard recommended and the Board finds that the applicant is entitled to 
relief.  The  applicant  has  shown  by  a  preponderance  of  the  evidence  that  she  elected  not  to 
participate  in  SBP  prior  to  her  retirement.    YN2  C  who  was  responsible  for  processing  her 
retirement  from  the  Coast  Guard  corroborates  the  applicant  in  this  regard.  He  stated  that  he 
remembered seeing the form and that the applicant declined coverage.     He did not dispute the 
applicant’s claim that he agreed to send the SBP form to RAS for her and that the last time he 
saw  the  SBP  election  form  it  was  in  the  applicant’s  record.    YN2  C  committed  an  injustice 
against the applicant by not forwarding her election certificate to the appropriate office. 

 
4.    Moreover,  the  applicant  took  immediate  action  to  rectify  this  problem  once  she 

became aware of it in October 2007.   

 
5.  The applicant has shown by the preponderance of the evidence that she elected not to 

participate in SBP prior to her retirement.   

 
6.  Accordingly, the applicant’s request should be granted. 

[ORDER AND SIGNATURES APPEAR ON FOLLOWING PAGE] 

 
 
 
 
 

 
 
 
 

The  application  of  XXXXXXXXXXXXXX,  USCG  (Retired),  for  correction  of  her 
military record is granted.  The automatic SBP participation is void and shall be removed from 
her record.  Her record shall be further corrected to show that prior to her September 1, 2007 
retirement,  she  completed  a  PSC-4700  dated August  28,  2007,  in  which  she  elected,  with  the 
concurrence of her spouse, NO SBP coverage.  All SBP premiums deducted from her retired pay 
retroactive to October 2007 shall be returned to her.     
 
 
 
 
 
 
 
 
 

  

 

 

 

 

 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 
 
 Adrian Sevier 

 

 
 Kathryn Sinniger 

 

 

 

 

 

 

 

 

 

ORDER 

 

 
 

 
 

 
 Vicki J. Ray