DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No. 11341-11
27 February 2012
This 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
21 February 2012. 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 naval record and
applicable statutes, regulations and policies. In addition, the Board
considered the advisory opinion furnished by the Survivor Benefit Plan
Program Manager Casualty Assistance (OPNAV N135C) of 1 Feb 12, 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
making this determination, the Board substantially concurred with the
comments contained in the advisory opinion. Records show that when
you transferred to the retired list on 1 June 2010, you were
automatically enrolled in the "spouse only" category of SBP coverage.
Your application seeks to change the record to show that when you
transferred to the retired list, you (a) declined SBP coverage for
your spouse and (b) elected to be enrolled in the "child(ren) only"
category of SBP coverage.
With respect to your request in (a) above (to change the record to
show that you declined SBP coverage for your spouse), the Board
determined that no relief is warranted. The Board agreed with the
comments in the advisory opinion that you have already received the
benefit of spouse coverage since 1 June 2010. Accordingly, the Board
has denied this portion of your request. With respect to your request
in (b) above (to change the record to show that you enrolled in
"child(ren) only" coverage), the Board was receptive to changing the
record to add child(ren)" coverage to the "spouse" coverage effective
1 June 2010. However, by e-mail dated 21 Feb 2012, you have indicated
that you intend to "terminate SBP once in the 25-36 month window" vice
Docket No. 11341-11
adding your child(ren) to the SBP. accordingly, the Board has denied
this portion of your request also. 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 existence of probable material
error or injustice.
Enclosures
ARMY | BCMR | CY2012 | 20120005404
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. It also stated that "by law" upon receipt of this letter, a qualified Reserve Component member, who was married, would automatically be enrolled in the Reserve Component Survivor Benefit Plan (RCSBP) under Option C, Spouse and Child(ren) coverage based on Full Retired Pay, unless spouse concurrence was provided to allow...
NAVY | BCNR | CY2010 | 03341-10
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BAN Docket No. Pursuant to the provisions of reference (a) Petitioner filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that Petitioner enrolled in the Survivor Benefit Plan (SBP) electing “children- only” coverage with spousal concurrence on 3 June 2009, prior to his effective date of retirement on 1 October 2009. On 3 June 2009,...
ARMY | BCMR | CY2010 | 20100022811
A DD Form 2656 (Data for Payment of Retired Personnel) provided by DFAS shows the following: * retirement date 1 October 2004 * spouse F____ * child S____ with a date of birth of 23 July 1991 * SBP election 26b, coverage for spouse and child(ren) * date signed 7 July 2004 4. DFAS stated in an email to this Board, dated 9 May 2011, the FSM's DD Form 2656 was submitted by Fort Carson on 3 November 2004 and shows he elected spouse and child(ren) coverage. The applicant and the FSM...
ARMY | BCMR | CY2013 | 20130011766
Counsel provides copies of the following documents: * FSM's Chronological Statement of Retirement Points * FSM's Death Certificate * Final Judgment of Dissolution of Marriage * Mediation Agreement * 20-year letter * email messages, dated March 2013 * Military Pension Division Order * former attorney's letter to DFAS, dated 28 December 2009 * extract of DODFMR 7000.14-R * HRC letter, dated 19 January 2012 * applicant's Application for Survivor Annuity, dated 30 January 2012 * HRC letter,...
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 | NR5444 14
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 written request for conversion from child only to- spouse and child coverage. k. In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner's application has commented to the effect that the request has no merit and...
ARMY | BCMR | CY2010 | 20100012764
The letter also advised her that she must notify the USAR Personnel Command, using DD Form 1883 (SBP Election Certificate), of her decision within 90 days of the date of the letter. Public Law 106-398, dated 30 October 2000, required Reserve and Guard members, who had completed their service obligation, considered entitled for retired pay, but who are not yet age 60, to obtain their spouse's concurrence in RCSBP elections that do not provide maximum spouse coverage (immediate option). As a...
ARMY | BCMR | CY2012 | 20120019620
The applicant requests correction of the date in item 32b of his DD Form 2656 (Data for Payment of Retired Personnel). The Defense Finance and Accounting Service (DFAS) claimed the DD Form 2656 was invalid because the date was written incorrectly, which resulted in an automatic election of spouse-only SBP coverage. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting item 32b of his DD Form 2656 to show "20120628."
NAVY | BCNR | CY2001 | 03954-01
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. 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. (SBP) Termination Request.
ARMY | BCMR | CY2011 | 20110004393
The applicant provides his DD Form 2656 (Data for Payment of Retired Personnel), dated 10 September 2010, and a notarized Spouse SBP Election Concurrence Statement, dated 15 February 2011. In the notification he was advised that Public Law 106-398, dated 30 October 2000, requires that upon receipt of this letter, a qualified Reserve Component (RC) member who is married will automatically be enrolled in the RCSBP under option C for spouse and child(ren) coverage based on full retired pay...