DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 § COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No.NROQ2537-13
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
sub} : NN ed
Ref: fa) Title 10 U.S.C. 1552
Enel: (1) DD Form 149 w/attachments
(2) Office of Legal Counsel (PERS-007) Advisory Opinion of
22 Aug 2013
(3) Email response to a/o from Lt. Natalie Meehan of 25 Sept
2013
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 that prior to her
transfer to the retirement list on 29 July 2012, she declined Survivor
Benefit Plan (SBP) category of coverage for “spouse” with spousal
concurrence. ,
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and Exnicios,
reviewed Petitioner's allegations of error and injustice on
30 September 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
administrative remedies available under existing law and regulations
within the Department of the Navy.
b. On 29 July 2012, Petitioner was transferred to the Retired
List. She was married at that time, but she did not submit a valid
request regarding Survivor Benefit Plan coverage before she retired.
Therefore, she was auto-enrolled in maximum “spouse and child’
category of coverage, enclosure (1).
NR ASB PA-IR
ce, Five days later on 4 August 2012, she submitted a DD Form
2656 (SBP election form) to the Defense Finance Accounting Service
(DFAS) indicating her desire to decline SBP coverage with spousal
concurrence. Since it was after her retirement date, the form was not
accepted, enclosure (3).
ec. From August 2012 and November 2012, Petitioner faxed and
emailed the DD Form 2656 to DFAS several times requesting to terminate
her SBP election. However, in January 2013, Petitioner claims that
via a phone conversation with DFAS she was told that the only way to
decline SBP coverage was to submit an application to the Board for
Correction of Naval Records (BCNR}.
%.
d. In February 2013, Petitioner submitted a request to BCNR
requesting to terminate SBP coverage and a refund of all SBP premiums
already paid. Petitioner claims that she was unaware that she needed
to make the SBP declination prior to retirement and that once she
retired, she immediately submitted the form. Additionally, in the
Petitioner's response to the A/O, she again asserts that she was not
counseled prior to her retirement date that the SBP election form
needed to be submitted before her effective date of retirement,
enclosure (4).
g. Enclosure (2) provided an unfavorable advisory opinion
stating that since failed to make a valid SBP election prior to her
retirement date, she was automatically enrolled as a participant and
the election is irrevocable. Additionally, they opine that there was
no evidence of record that Petitioner ever attempted to decline SBP
coverage for her spouse prior to becoming eligible for retirement.
Finally, they note that she is able to terminate SBP coverage with
spousal concurrence during the one-year period beginning on the second
anniversary of the date of which payment of retired pay to the
participant commences.
CONCLUSION:
Upon review and consideration of all the evidence in the record, the
Board concludes that Petitioner’s request warrants favorable action.
The Board believed that although Petitioner states that she was not
given proper counseling on filing the SBP form prior to her statutory
deadline, she made a good faith effort to attempt to correct her auto-
election just five days after her retirement date. Therefore, the
Board finds that in light of these circumstances, there is no
significant disadvantage to the U.S. Navy in honoring the request.
Accordingly, the Board concludes that the record should be corrected
to show that Petitioner submitted, in a timely manner, a SBP election
request declining SBP election with spousal concurrence 28 July 2012,
one day prior to her date of retirement.
NK AS 34-13
RECOMMENDATION:
That Subject’s naval record be corrected, where appropriate, to show
that:
a. Petitioner submitted a properly completed and timely written
request declining SBP coverage for spouse, and that request was
received and processed by cognizant authority and became effective 28
July 2012, one day prior to her date of retirement.
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.
Sua t Leach
ROBERT D. Z2SALMAN BRONTE I. MONT
Recorder Acting Recorder
5. The foregoing action of the Board is submitted for your review
and action.
bs Ven QU:
W. DEAN PFEIFF :
Executive Dire xr
Reviewed and approved:
feelin
th Wet
ROBERT L. WOODS
Assistant General Counsel ~
(Manpower and Reserve Affairs)
1000 Navy Pentagon, Rm 40548
Washington, DC 20350-1000
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