DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F NAVAL R E C O R D S
2 N A V Y ANNEX
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
MEH:ddj
Docket No: 8438-01
9 April 2002
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the United States Code, section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 9 April 2002. Your allegations of error arid illjustice
were reviewed in accordance with administrative regulations and procedures applicable to the
proceedings of this Board. Documentary niaterial considered by the Board consisted of your
application, together with all material submitted in support thereof, your naval record and
applicable statutes, regulations and policies. In addition, the Board considered the advisory
opinion furnished by NPC ~nemoranduni of 15 January 2002, a copy of which is attached.
After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probable material error or
injustice. In this connection, the Board substantially concurred with the comments contained in
t h e advisory opinion. At the time of your transfer to the Fleet RCXI-LC: you wr-ulled in the
Survivor Benefit Plan (SBP) for child only coverage, with your spouse's written concurrence.
When you were divorced in November 1999 the court ordered you to furnish your former spouse
with SBP coverage. The Defense Finance and Accounting Service (DFAS) informed you that
you were not eligible for former spouse coverage as you had previously declined spouse
coverage. Former spouse coverage can only be elected if you had previously elected spouse
coverage. Your original election was valid and irrevocable. Accordingly, your application has
been denied. The names and votes of the nienibers of the panel will be furnished upon request.
I t 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 and material
evidence or other matter not previously considered by the Board.
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
15 Jan 02
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS (BCNR)
Via: Assistant for BCNR Matters (PERS-OOZCB)
Ref:
(a) BCNR memo of 17 Dec 01
(b) Department of Defense Financial Management Regulation
(DoDFMR) , Volume 7B
1. In response to reference (a), recommend the BCNR not correct
Petty Officer -record
changed his election under the Survivor Benefit Plan (SBP) from
spouse to former spouse coverage category within one year of his
divorce.
to reflect that he voluntarily
2 . The recommendation is based on the following:
a. Petty 0ffic-
transferred to the Fleet Reserve
on 31 July 1996. He enrolled in SBP child only category
coverage at that time. In order to exclude his spouse from
maximum coverage or elect coverage for his eligible children,
his spouse's written concurrence was required and obtained.
b. Petty Officer
divorced on 8 November 1999.
e were
c. Title 10, United States Code, Section 1448 (b) ( 3 ) , requires
that SBP participants with spouse coverage who become divorced and
desire to maintain their former spouses as their beneficiaries
must specifically elect such coverage within one year after the
date of divorce. If nothing is done after one year, the Defense
Finance and Accounting Service-Cleveland (DFAS-CL) will
automatically terminate coverage upon receiving information
regarding their divorce. Additionally, a member who refuses
coverage for an eligible spouse in favor of children only category
is prohibited from electing spouse coverage at a later date except
during an open enrollment period.
as eligible to elect coverage for his former
3 . -
spouse d&ring the last open season enrollment period which
commenced on 1 March 1999 and closed on 29 February 2000. Open
enrollment elections for spouse or former spouse coverage may have
included Supplemental Survivor Benefit Plan (SSBP) coverage,
however no court order may have required a member to make an open
enrollment election, nor was an election subject to the
concurrence of the member's spouse or former spouse. This open
season was widely publicized in Shift Colors, a quarterly.
newsletter which is mailed to all Navy retirees who maintain their
addresses information current with the Defense Finance and
Accounting Service-Cleveland (DFAS-CL) .
Casualty Assistance and Retired
Activities Division (PERS-62)
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Pursuant to the provisions of reference (a), Subject’s former spouse, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show timely written request for conversion from spouse to former spouse coverage under the Survivor Benefit Plan (SBP) Based on the court order Subject was required to change his SBP election to former spouse coverage within one year of the date of the divorce. In accordance...
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NAVY | BCNR | CY2001 | 02812-01
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 MEH: ddj Docket No: 10865-02 22 January 2003 This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the United States Code, section 1552. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 January 2003. were reviewed in accordance with administrative...
ARMY | BCMR | CY1996 | 9606446C070209
Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage in those cases where the retiree had elected spouse coverage at retirement The law stipulated that the retiree had to request the Defense Finance and Accounting Service to change the SBP participation from spouse to former spouse. The SBP Board recommended approval of the applicants request to change his SBP election from spouse to former spouse retroactive to date of divorce, 1 August 1988. ...
NAVY | BCNR | CY2003 | 00734-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 April 2003. 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. automatically b. public Law 105-85 enacted 18 November 1997, authorized SBP participants to voluntarily discontinue SBP participation during the one-year period beginning on...
Both must be exercised within one year after divorce: the retiree may file an election change, or the former spouse may request the retiree be deemed to have made such a change on his or her behalf. If neither the member nor former spouse requests the election change during the one-year eligibility period, former spouse coverage may not be established thereafter. Recommendation: Although there is no evidence of Air Force error, to preclude a possible injustice, we recommend the member's...
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the advisory opinion furnished by NPC memorandum of 1 October 2001, a copy of which is attached. 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. Title 10, U.S. Code, Section 1448(b)(3), requires that SBP spouse coverage who become divorced and desire former spouses as their beneficiaries must participants with to maintain their specifically elect such coverage...