DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH: ddj
Docket No: 2023-03
20 May 2003
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
R?iEw
0~ NAV AL
RECORD
Ref: (a)
Title 10 U.S.C. 1552
Encl:
(1)
(2)
(3)
DD Form 149 w/attachments
NPC memorandum of 15 April 2003
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 show timely enrollment in the Survivor Benefit Plan (SBP) for spouse coverage.
2. The Board, consisting of Messrs. Exnicios, Pauling, and Zsalman, reviewed Petitioner’s
allegations of error and injustice on 20 May 2003 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, naval
records, 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, finds as follows:
a. Before applying to this Board, Petitioner exhausted all administrative remedies
available under existing law and regulations within the Department of the Navy.
b. Petitioner transferred to the Fleet Reserve on 31 November 1992. At that time
was not married but had a dependent child and enrolled in SBP for child only coverage.
he
Petitioner
married-n 30 December 2000. He states that he
C.
contacted the Defense Finance and Accounting Service, Cleveland (DFAS-CL) in June 2001
in order to add his new spouse to his existing SBP child coverage. He alleges DFAS
advised him he was calling too early and that he needed to be married one year before
starting SBP. Petitioner further alleges he was never advised of the requirement to make an
election before his first anniversary.
d.
In March 2002 Petitioner again contacted DFAS. At that time he was told that he
had waited too long. A third call provided him with the correct timelines regarding SBP
enrollment and directed him to apply to the Board.
e.
In correspondence attached as enclosure
(2), the office having cognizance over the
’s application has recommended that the Board not
subject matter addressed in Petitioner
correct Petitioner ’s record. This recommendation is based on the guidelines presented in the
DOD Financial Management Regulation (Vol
7B), which states “if a member with child only
coverage later marries or remarries, he or she may within one year of that marriage enroll
their new spouse in the SBP;
assertion that he contacted DFAS in a timely manner to request enrollment. The advisory
opinion also noted that “Shift Colors, ”the retirees ’ quarterly newsletter, regularly features
articles providing SBP information.
” as well as Petitioner ’s lack of documentation to support his
CONCLUSION
Upon review and consideration of all the evidence of record, and notwithstanding the
(2), the Board finds the existence of an injustice warranting the
contents of enclosure
following corrective action. Although Petitioner provided no written documentation
supporting his alleged discussions with DFAS the Board found his statements to be
creditable based on its personal experience in a significant number of cases where petitioners
were similarly misinformed regarding enrollment of a newly acquired spouse. Additionally,
“Shift Colors ” regularly publishes the toll free number for Retired Pay at DFAS-Cleveland
and this office is a major source of information for many retirees. The Board believes it is
reasonable for retirees, including Petitioner, to assume the information received from such a
source is accurate.
RECOMMENDATION:
That Petitioner ’s naval record be corrected, where appropriate, to show that:
a. He executed a written request to add his new spouse
existing SBP child only coverage. His request was received by cognizant authority and
became effective 29 December 2001, one year from the date of marriage.
) to his
b. Retroactive SBP costs will be recouped from Senior Chief
retired pay account.
C. That a copy of this Report of Proceedings be filed in Petitioner
’s naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that 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.
Docket No: 2023-03
ROBERT D. ZSALMAN
Recorder
mn-‘h
G. L. ADAMS
Acting Recorder
5. The foregoing action of the Board is submitted for your review
iand action.
17
2003
JUN
Reviewed and approved:
K&xx
.
Assistant General Counsel
(Manpower and Reserve Affairs)
L&L
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