DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5 COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No.NRO2288-13
4 December 2013
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Navy Personnel Command/Survivor Benefit Plan Program
Manager Casualty Assistance (PERS-13} memo of
‘Meath Certificate in case of ay <«
Privilege Card issued
e Certificate,
1. 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 Survivor Benefit Plan (SBP) coverage
for his spouse at the full base amount
within one year of t
—
heir marriage on]
2. The Board, consisting of Messrs. Pfeiffer, zsalman, and
Exnicios, reviewed Petitioner’s allegations of error and
injustice on 22 November 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.
3. 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
Docket No.NRO2288-13
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Lieutenant Commander iia, (Subject)
transferred to the Retired List without pay, on ap
He was single at that time and had no eligible beneficiaries fo
enrollment in the Retired Serviceman’s Family Protection Program
(RSFPP) which was in existence at that time, enclosure (1).
ce. Subject still had no eligible beneficiaries when he
became eligible for retired pay on Gaya
¢. Subject and QP (Petitioner) were
married on Petitioner alleges that she and
Subject went to the SEP Neve. Air Base in Pennsylvania
and informed the Navy of their marriage so that she could start
to receive her benefits as a military dependent (i.e.
Identification card, Tri-care for Life, pension benefits, etc.),
enclosures (1), (3) and (4). She states that nothing was ever
mentioned regarding SBP enrollment, even when she inquired about
pension benefits.
a. Subject died cn—MMMD enclosure (5).
e, Petitioner submitted a request for an"SBP annuity from
the Defense Finance and Accounting Service (DFAS) and was
denied.
f. By enclosure (2), NPC/SBP Manager recommended that no
relief be granted, stating that the statutory filing deadline
has expired. That Petitioner who acquired a new spouse and/or
child after retirement must make an election within one year of
the event. Furthermore, they state that DFAS had no record that
Subject attempted to enroll his spouse in SBP.
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: Petitioner was not married at the original
time he first transferred to retired list and was not eligible
for SBP enrollment since he did not have any eligible
dependents. Additionally, the Board recognized that although
there is no direct evidence that Subject attempted to enroll his
spouse in SBP within one year from the date of his marriage as
required by applicable law, as a Reservist, there is a
2
Docket No.NRO2288-13
reasonable belief when Subject went to the Naval Air Base in
Pennsylvania to receive spousal benefits, they were most likely
not given proper counseling on making a proper SBP election.
Although the Board also understfodd and carefully considered the
comments made in enclosure (2), that Petitioner “could have
enrolled his spouse during the one year of their marriage,
balancing 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 timely written request for enrollment
in SBP coverage, at the full base amount, naming Po .
a: the sole beneficiary. The request was received
by cognizant authority and became effective EE +h:
day following the date of marriage.
b. Petitioner is responsible for all SBP premiums costs
from the date of enrollment to Subject’s death inf vo
waiver of premium costs is authorized.
c. That a copy of the Report of Proceedings, be filed in
the Petitioner's naval record.
4, Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c)) it 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.
dune |
ROBERT D. Z2SALMAN BRONTE I. MONTGOME
Recorder Acting Recorder
Bis The foregoing action of the Board is submitted for your
review and action.
W. DEAN PFE E
Reviewed and proved:
- Wrb—
ROBERT L. WOODS
Assistant General Counsel _
(Manpower and Reserve Affairs)
4000 Navy Pentagon, Rm 40548
Washington, DC 20350-1 000
Docket No.NRO2288-13
Executive Director
(2/18 (3
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