DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL REGORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC :
Docket No. 11995-08
9 September 2009
Prom: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAVAL RECORD ICO
a
Subj:
Ref: {a}. Title 10 U.S.C. 1552
Encl: (1) DD Porm 149 w/attachments and followup correspondence
(2) NPC Memo dtd 12 Aug 09
(3) Subject’s naval record and DFAS correspondence
1. 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 that after his divorce from
eile December 2006, Subject submitted a written
request changing his Survivor Benefit Plan (SBP) beneficiary
election from “spouse” to “former spouse.”
2. The Board, consisting of Mr. Pfeiffer, Mr. Zealman, and
Mr. George, reviewed Petitioner’s allegations of error and
injustice on 8 September 2009 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. he Board, having reviewed ali the facts of record
pertaining to Petitioner's allegations of error and injustice,
Finds as follows:
— nm and aii,
ws transferred to the Retired
b . Se i Sere
Réserve without pay on 1 November 1972. On 21 October 1987, at
age 60, he became eligible for retired pay. At that time, he
enrolled in SBP in the “spouse” category of coverage.
Docket No. 11995-08
lipassed away. At
SBP coverage was
: Mm request,
On 16 May 19954
wees then narricd iia
September 1997.+
e. In 2003, Wie notified the
eee
Defense Finance and Accounting Service (DFAS) of his remarriage
and asked to have his spouse QM enrolled in the SBP.
Because he had marri edie. in September 1997 and he had not
requested that SBP coverage be terminated within one year of his
marriage, DFAS reestablished his enrollment in the “spouse”
category of coverage retroactive to October 1998 (when coverage
restarted automatically by law).
divorce decree included the following ee
death, to the extent that the law allows Wg will b entitled
to make claim upon Harold's Navy survivor benefits. To obtain
_these benefits, within one year of the entry of this judgment,
aia ost direct the Navy by sending them a letter asking to
‘deem election for survivor benefits of the retiree.’”?
g. There is no record that’ , erequested a
“deemed election” under 10 U.S.C. & 1450(£) (3) to change the
1 Under the rules governing SBP, when a person with suspended “spouse”
coverage remarries, the new spouse automatically becomes the eligible spouse
beneficiary at the game rate previously elected on the first anniversary of
the marriage unless within one year after remarriage the retiree elects in
writing to increase the level of coverage or to terminate coverage. .
2 wnder the rules governing SBP, when a married retiree enrolled in the
“spouse” category of coverage g@ivorces, coverage ceases. (Upon divorce, the
retiree does not have a “spouse”). The Survivor Benefit Plan specifically
permits a retiree to maintain a survivorship annuity benefit for a former
spouse in one of two ways: either (a) the retiree voluntarily makes an
appropriate “former spouse” election within one year of the date of divorce
{See 10 U.S.C. § 1448 fb) (3} (A) (1}-(4i4)), oF {b) the former spouse makes an
election through a process known as a “deemed election” (See 10 U.S.C. § 1450
(f) (3)). I£ no request is received by DFAS within one year of the date of
divorce, coverage is suspended. Thug, as a retiree who was previously
enrolled in thé “spouse” category of coverage, upon his divorce fron ) =a Rae ans
continued to pay: (spouse) premiums even after his divorce during
ie pel Wii never remarried.
The Board concluded, based on these factors, that it was likely
that ee ee desired to provide “former,
spouse” coverage for The Board also accepted Siam
acholle's explanation that she did not make a timely “deemed
election” because, she believed such election was to be made
within one year of Waa nia ellie death.
aecordingly, the Board concluded that the record should be
changed to show tliat ;iiililiasiiiiieneseem neni miRtBe: 2° 2 a timely
request to change the SBP coverage from “spous * to “former
spouse” within one: year of his divorce.
RECOMMENDATION :
That Subject’s naval record be corrected, where appropriate, to
show that: ,
a. On 15 December 2006, the day after his divorce,
is wil submitted a written request to
change the category of Survivor Benefit Plan coverage from
“spouse” to “former spouse” naning Te _aeaerinns
“former spouse” beneficiary.
b. Any SBP premiums which become due as a result of this
change will be deducted from Petitioner’s future benefits.
— @=- Subject died on 30 June 2008. - 5 ee Meenas
d. A copy of this Report of Proceedings will be filed in
Subject’s naval record. ,
Docket No, 11995-08
4: Tt 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.
re
ROBERT D. ZSALMAN WILLIAM J. HESS,
Recorder Acting Recorder
5. The foregoing action of the Board is submitted for your
review and action. :
W. DEAN PFRIEPE
Executive Di
Reviewed and approved.
QL es.C&:
Q-wW-~ OF
Robert T. Call _
Assistant General Counsel
Manpower and Reserve Affalrs)
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