DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
BAN
Docket No. 13431-09
8 March 2010
This is in reference to your application for correction to your
naval record pursuant:to the provisions of 10 USC 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 8 March 2010. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted
of your application, together with all material submitted in
support thereof, your spouse’s naval record and applicable
statutes, regulations and policies. In addition, the Board
considered the advisory opinion furnished by HOMC memo 1800
MMSR-5 of 12 Feb 10, a copy of which is attached.
The Board noted that you received your Notification of
Eligibility in February 2002, and failed to make election within
90 days. Therefore, you were auto enrolled into the Reserve
Component Survivor Benefit Plan (RCSBP), under Option ¢ in the
spouse category, for Linda. In August 2006, you divorced Linda
and there was no former spouse provision in your divorce decree;
therefore, your RCSBP coverage should have been suspended. In
October 2007, when you remarried Debbie, you had one year from
the date of your marriage to either change your “Option” under
the RCSBP program, decline coverage, or do nothing and continue
in the RCSBP program for your new spouse under your previous
election, Option C. You chose to do nothing, thereby restarting
your RCSBP coverage for your new spouse under Option C. Under
these circumstances, the Board found insufficient evidence of an
error or injustice that would warrant relief. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
It 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. In this regard, it is also important to keep in mind
that a presumption of regularity attaches to all official
records. Consequently, when applying for a correction of an
official naval record, the burden is on the applicant to
demonstrate the existerice of probable material error or
injustice.
Sincerely,
: # Lp {
Executive Diwettor
Enclosure
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Under these circumstances, the Board found insufficient evidence of an error or injustice that would warrant any change to your husband’s RCSBP election. Under this option, if the retiree dies before reaching age 60, a survivor annuity is payable on the date the member would have attained age 60. Option C - Immediate annuity.
CG | BCMR | Other Cases | 2009-186
Although CWO4 T did not elect the applicant as a former spouse beneficiary after their divorce, the applicant claims that she is entitled to RCSBP payments under CWO4 T’s 1992 original election certificate for spousal coverage because the guidance provided to CWO4 T and her at the time of his election did not require him to take any further action to keep her as his beneficiary if they divorced. Nor is the applicant a former spouse beneficiary under CWO4 T’s RCSBP. Nor is she a former...
ARMY | BCMR | CY2011 | 20110015666
The applicant (the former spouse of a deceased former service member (FSM)) requests reconsideration of a previous application to correct the records of the FSM, by amending his DD Form 1883 (Survivor Benefit Plan (SBP) Election Certificate) to show he elected Option C (Immediate Coverage), retroactive within the time prescribed by law. Under the law in effect at the time, a member was required to make the RCSBP election within 90 days of receiving the notification of eligibility to receive...
NAVY | BCNR | CY2006 | 02558-06
2558-06 9 May 2006This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 May 2006. Documentary material 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,...
ARMY | BCMR | CY2014 | 20140020228
The applicant requests correction of his records to show he changed his Survivor Benefit Plan (SBP) coverage from "spouse" to "former spouse" within 1 year of his divorce. However, even though the applicant continued to pay the SBP premiums, he did not change his SBP election from "spouse" to "former spouse" and Linda, his former spouse, did not make a deemed election for former spouse coverage within 1 year of the divorce. Further, there is insufficient evidence to support a conclusion...
NAVY | BCNR | CY2009 | 11104-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 February 2010. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your spouse’s naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
ARMY | BCMR | CY2010 | 20100028817
The form shows he elected spouse and children RCSBP coverage based on the full amount of retired pay and Option C (Immediate Coverage). The DD Form 2656-6 he submitted includes the following note below item 8: If either "Divorce" or "Death of Spouse" is selected, and the member has previously elected spouse and child coverage, the coverage would convert to "Child Only" coverage if the member has an eligible child. The evidence of record does not support the applicant's request to void his...
CG | BCMR | Retirement Cases | 2011-041
If Option A is elected at time of 20 year satisfactory service letter, and spouse concurs, member will have an opportunity to elect into the Survivor Benefit Plan (SBP) at age 60. (B) Reserve-component annuity participants.--A person who (i) is eligible to participate in the Plan under paragraph (1)(B), and (ii) is married or has a dependent child when he is notified under section 12731(d) of this title that he has completed the years of 2 Pub. § 1448(a)(5), entitled “Participation by...
ARMY | BCMR | CY2013 | 20130020233
She also states "I was not married to [Applicant] when in February 2006 when his election started." Although he previously provided a statement from his spouse who stated she was not married to the applicant in February 2006, the Complaint for Divorce indicated they were married on 28 August 2006, and his DD Form 2656 shows he married her on 25 April 1998 and at the time of his election on 14 February 2006 they were still married. In the absence of the primary document (i.e., the marriage...
NAVY | BCNR | CY2014 | NR4533 14
Therefore, as of 3 January 2005, you have been enrolled in an immediate RC-SBP annuity for your spouse and child{ren).” See ‘enclosure (7). They notified Petitioner that as of 3 January 2005, he had been enrolled in the RCSBP under the spouse and child category with immediate (Option C) coverage. b. Petitioner is responsible for future unpaid RCSBP costs (Petitioner will be eligible for retire pay on or about 20 April 2021) that would have been deducted if he enrolled at the time of his Marriage.