DEPARTMENT OF THE NAVY
BOARD =OR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No.NRO1465-13
5 September 2013
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
i pends:
Subj:
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Survivor Benefit Plan Program Manager Navy Casualty
Assistance (PERS-13) memo of 13 Jun 2013
(3) Marriage Certificate of
(4) Circuit Court, Fourth Judicial Circuit, Duval County,
Florida 12 April 1996 and 15 May 1996
(5) DD Form 214
(6) DD Form 2656 of 6 March 2000
Letter from Simpson and Anderson, attorneys at law of
11 July 1996
eee
1. The Petitioner in this case is
. former — of Chief Petty Officer
2. Pursuant to the provisions of reference (a) Petitioner filed
enclosure (1) with this Board requesting, in effect, that the
timely written request for conversion from spouse to former
spouse coverage under the Survivor Benefit Plan (SBP) electing
as the sole beneficiary.
3. The Board, consisting of Messrs. Pfeiffer, Zsalman, and
George, reviewed Petitioner's allegations of error and injustice
on 20 August 2013 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.
Docket No.NRO1465-13
4. 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. In July 2012, Petitioner ——
applied to BCNR to correct her deceased former spouse's
record to show that he elected “former
spouse” coverage wi in one year of hig divorce, enclosure (1).
ce. Subject married Petitioner _ fy enclosure
c. On Gee Subject and Petitioner were divorced.
Under the terms of their divorce decree there contained a former
spouse provision regarding maintaining Survivor Benefit Plan
(SBP) coverage, at the full base amount for Petitioner when
Subject yetired, enclosure (4). On 31 May 2000, Subject retired
from the Navy and became eligible for retired pay, enclosure
(5). Although he should have elected former spouse SBP
coverage, he declined SBP coverage, enclosure. (6). In addition,
Petitioner also failed to deem her election requesting former
spouse SBP coverage to the Defense Finance Accounting Service
(DFAS) within one year of their divorce.
(3).
d. Subject never remarried, never paid any SBP premiums
e. In duly 2012, Petitioner applied to BCNR to correct her
deceased former spouse’s record to show that he elected “former
spouse” coverage within one year of his divorce, enclosure (1).
Petitioner stated that she believed that the former spouse SBP
election was made within one year of their divorce when her
divorce attorney submitted a copy of the divorce decree to DFAS
when requesting 4 portion of Subject’s retired pay, enclosure
{8).
f. Enclosure (2 recommended that no relief be granted,
stating dia not enroll in the SBP and
his former spouse did not deem an election within the one year
time period immediately following her date of divorce as
required by law, she 1s not entitled to an SBP annuity” .
Docket No.NRO1465-15
CONCLUSION:
Upon review and consideration of all the evidence in the record,
the Board concludes that Petitioner’s request warrants favorable
action. The Board found that the following factors militated in
favor of relief: Servicemember’s divorce decree, which was
provided to DFAS by Petitioner’s attorney, stipulated that the
former spousé was entitled to 40% of his retired pay.
Additionally, that servicemember would be required to provide
SBP protection for his “former spouse”, in accordance with the
court order. Although the Board recognized that Petitioner did
not submit a deemed election within one year from the date of
divorce as required by law, the Board believed the Petitioner
; had a reasonable expectation that DFAS executed her deemed
election for SBP coverage along with giving her an authorized
portion of the servicemember’s retired pay. The Board also
understood and carefully considered the comments made in
enclosure (2). However, palancing the factors that militate in
favor of relief against those that militate against, the Board
Finds that, as an exception to policy, Petitioner’s request
should be granted favorable action.
RECOMMENDATION :
That Subject’s naval record be corrected, where appropriate, to
show that:
a. Subject executed a written request for conversion from
“spouse” to “former spouse” SBP coverage at the same level of
coverage as previously elected, naming as the
sole beneficiary. The request was received by cognizant
authority and became effective the day following
the date of divorce.
b. The request was in compliance with a court order.
c. Subject
d. All SBP costs that would have been deducted from Subject’s
retired pay will be deducted from Petitioner's benefits. No
annuity will be paid to Petitioner until all unpaid costs have been
reimbursed. No waiver of unpaid costs will be granted.
e. That a copy of the Report of Proceedings, be filed in
the Petitioner’s naval record.
NAVY | BCNR | CY2013 | NR6055 13
In May 2013, Petitioner a _— my applied deceased former spouse's to BCNR re ing to correct her " |g record to show that he elected former spouse coverage within one year of his divorce, pursuant to a divorce decree, enclosure (1). to DFAS requesting former spouse SBP coverage within one year of their divorce, as required by law. Although the Board recognized that Petitioner, at that time, did not submit a deemed election within one year from the date of divorce as required by law, the...
NAVY | BCNR | CY2010 | 02519-10
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BAN Docket No. 02519-10 7 October 2010 From: Chairman, Board for Correction of Naval Records Tee: Secretary of the Navy Ret: (a) Teble LO USC. L552 Encl: (1) DD Form 149 w/attachments (2) Headquarters United States Marine Corps (HQMC) memo 1760 MMSR-6K of 16 Apr 10 (3) Headquarters United States Marine Corps (HOMC) memo 1760 MMSR-6K of 25 Jun 10 (4) Enai2 pv;
NAVY | BCNR | CY2011 | 01116-11
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5109 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 Subject submitted a timely written request for conversion from spouse to former spouse coverage under the Survivor Benefit Plan (SBP) electing as the sole beneficiary. In February 2011, Petitioner applied to BCNR...
NAVY | BCNR | CY2013 | NR3100-13
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAL, Sulre 100% ARLINGTON, VA 22204-2480 DIC Docket No. The Board, consisting of Mr. Zsalman, Mr. Exnicios, and Mr. George, reviewed Petitioner's allegations of error and injustice on 13 August 2013 and, pursuant to its regulations, determined that the corrective action indicated below should pe taken on the available evidence of record. The Board, having reviewed all the facts of record pertaining...
NAVY | BCNR | CY2014 | NR1840 14
_ BPE RS DEPARTMENT OF THE NAVY BEOOre™s BOARD FOR CORRECTION OF NAVAL RECORDS 761 S COURTHOUSE RD SUITE 1001 ARLINGTON VA 22204-2490 BAN Docket No.NRO1840-14 27 October 2014 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW_OF NAVAL RECORD ICO q Ref: {a) Title 10 U.S.C. 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, as...
ARMY | BCMR | CY2010 | 20100007450
The divorce decree indicated that the FSM elected to provide the applicant with survivor benefits under the SBP, and the FSM shall not change his election. A memorandum, dated 10 December 2009, to the FSM from DFAS shows that DFAS changed the FSM's SBP coverage from spouse to no beneficiary after learning neither the FSM nor the applicant made a deemed election to change SBP coverage from spouse to former spouse within one year of the 24 September 2003 divorce. Title 10, U.S. Code, section...
AF | BCMR | CY2005 | BC-2004-00493
If the correct information had been provided to his former spouse, her SBP selection would have been “none.” In support of his request, applicant provided a letter from his former spouse’s attorney with a chronology of events surrounding the election of former spouse coverage; copies of his separation agreement and divorce decree; a copy of “A Guide to: Military Marriage Dissolution, Separation, Pension Division and DFAS DRO’s”; DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement...
ARMY | BCMR | CY2006 | 20060008071
On 15 January 1996, the applicant submitted a request to DFAS, based on a proceeding of divorce and ratified by a court order signed and dated 17 October 1995, to be deemed the former spouse of the FSM for the purpose of survivor benefit coverage under the SBP. d. upon information and belief the SBP benefits have not been continued and the applicant had been unable to obtain military records to confirm the same; and e. the applicant requested the Court issue an order requiring release of...
ARMY | BCMR | CY2004 | 2004100155C070208
The applicant provides the death certificate; a notification from the Defense Finance and Accounting Service (DFAS); a court reporter brief; written transcripts of the trial with a copy of tapes of the trial; the divorce decree; paperwork filed for a portion of retired pay and SBP annuity; Office of Personnel Management's 25 August 1986 acknowledgement for the paperwork sent for the court-ordered former spouse annuity; the request for deemed election; a 3 February 1997 acknowledgement of...
AF | BCMR | CY2001 | BC-1996-01020A
In HQ USAF/JAG’s opinion, there is evidence to support the Board’s conclusion that a timely request for a deemed election of former spouse SBP coverage was never received from the applicant. The applicant claims she submitted a request for a deemed election of former spouse SBP coverage by certified mail on 27 July 1992. The applicant could also have established the former spouse SBP coverage for herself provided she submitted a copy of the divorce decree to DFAS and requested a deemed...