DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket: 12464-09
19 January 2010
‘This is in reference to your correspondence dated 19 November 2009
requesting reconsideration of your case.
You previously petitioned the Board for Correction of Naval
Records (hereinafter the “Board”) seeking a change to your former
husband's naval record which would entitle you to a Survivor
Benefit Plan (SBP) annuity. As you know, a three-member panel of
the Board, sitting in executive session, considered your
application on 6 April 2009 and determined that no relief was
warranted.
Records show that you married your former spouse, Commander Leo J.
Faneuf, III, US Navy (ret) (deceased) in 1969. In-September 1991,
while still married and while Commander Faneuf was still on active
duty, you and he separated and entered into a separation agreement
whereby you both agreed that he would elect SBP upon retirement,
but 1f he failed to do so, he would obtain an equivalent
commercial insurance policy. You and Commander Faneuf divorced
shortly thereafter on 1 October 1991. Three days later, he
married Marlos Albrecht (Faneuf).
In July 1993, Commander Faneuf retired from active service. .
Review of his naval record at the Defense Finance and Accounting
Service shows that, with Marlos’‘s concurrence, he elected “child
only” SBP coverage on the enclosed form. Accordingly, after his
retirement, Commander Faneuf was enrolled in “child only” coverage
and he only paid “premiums” or "SBP costs” associated with that
level of coverage.
Commander Faneuf died in 2008. At the time of his death, he had
been enrolled in the “child only” category of coverage since 1993.
He had never enrolled in the “former spouse” category of coverage
or paid any of the “SBP costs” associated with that level of
coverage.
Doc: 12464-09
The laws and regulations implementing the SBP specifically permit
a service member or retiree to maintain a survivorship annuity
benefit for a former spouse. The “former spouse” benefit must be
maintained 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 (b) (3) (A) (i) -(iti)), or
(b}) in cases where the retiree will not or does not make the
approptiate election, the former spouse makes an election through
a progess known as a “deemed election” (See 10 U.S.C. § 1450
(£) (3) )}. The records showed that Commander Faneuf never enrolled
in “former spouse” coverage and never paid any costs associated
with “former spouse” coverage and that you did not make a “deemed
election.” For these reasons, 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. You were advised in our
letter of 7 April 2009 that your request had been denied.
You have now requested reconsideration of that decision. Your
correspondence has been carefully examined. Although at least
some of the evidence you have submitted is new, it is not
material. In other words, even if this information were presented
to the Board, the decision would inevitably be the same. Your
former spouse never enrolled in “former spouse” coverage, never
paid any costs associated with “former spouse” coverage and you
did not make a “deemed election” under 10 U.S.C. § 1450(f£) (3).
Accordingly, reconsideration is not appropriate at this time. I
regret that the facts and circumstances of your case are such that
a more favorable reply cannot be made.
Sincerely,
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