DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7014 §, COURTHOUSE ROAD, SUITE 100
ARLINGTON, VA 22204-2490
DIC
Docket No. NR3406-13
19 Nov 13
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
subj:
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) NPC Memo dtd 12 Sep 13
(3) DEERS system printout
{4) DD Form 214, Aug 2009 effective 30 Jun 12
(5) DD Form 2656, Apr 2009 dated 2 Mar 12
(6) DFAS HUNT system printout
(7) DD Form 2656, Apr 2009 dated 9 Nov 12
(8) Subject’s naval record
1. 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 the Petitioner declined enrollment in the Survivor Benefit
Plan (SBP).
2. The Board, consisting of Mr. Pfeiffer, Mr. Zsalman, and
Mr, George, reviewed Petitioner's allegations of error and injustice
on 18 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:
way See enclosure (3).
b. Petitioner transferred to Fleet Reserve status on 30 June
2012. Furthermore, Petitioner declined Survivor Benefit Plan {SBP}
coverage. See enciosures (4) and (5).
c. On or about 1 July 2012, Petitioner was automatically
enrolied in SBP Spouse coverage as a result of the Defense Finance and
Accounting Services (DFAS) Cleveland Center not receiving a valid SBP
election form, See enclosures (6).
Docket No. NR3406-13
d. Petitioner submitted a DD Form 2656 (SBP election) to DFAS
dated 9 November 2012 signed by the Petitioner and his spouse
declining SBP Spouse coverage. See enclosure (7).
e. On 21 March 2013, the Petitioner submitted a DD Form 149
requesting correction to his SBP election. See enclosure (1).
Furthermore, Petitioner provided a DD Form 2656 (SBP election) with
spousal concurrence dated 2 March 2012. See enclosure (5).
f. Per enclosure (2), the Navy Personnel Command provided an
advisory opinion concluding that the evidence proffered by Petitioner
is insufficient to support the requested record change. The advisory
opinion points out the following evidence to support its position:
the Petitioner was automatically enrolled in the SBP is a result of
DFAS not receiving a valid SBP election; the Petitioner's spouse has
been protected under the SBP since his date of retirement; and had the
Petitioner died during that period, his spouse would have received an
SBP annuity. Moreover, the Petitioner may disenroll from the SBP
program during the one-year period beginning on the second anniversary
of the date of commencement of receiving retired pay.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
notwithstanding the opinion expressed in enclosure (2), the Board
finds the existence of an injustice warranting corrective action. The
Board relied heavily on both notarized DD Forms 2656 provided by
Petitioner and DFAS showing that both the Petitioner and his spouse
declined coverage. Furthermore, one of the forms was completed prior
to Petitioner’s retirement. The Board concluded that the record
should be changed to show that Petitioner made a proper and timely
request to decline SBP spouse coverage prior to his retirement.
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, to
show that:
zg r
a. Prior to his 30 dune 2012 transfer to the Fleet Reserve, he
declined enrollment in SBP. Any other election or declination
executed by Petitioner is null and void.
b. A copy of this Report of Proceedings will be filed in
Petitioner's naval record,
Docket No. NR3406-13
4. 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.
ROBERT D. ZSALMAN BRONTE I. rowroonbes
Recorder Acting Recorder
5. The foregoing action of the Board is submitted for your review
and action.
me ms L) Yuady
W. DEAN PFE etd
Executive Dirbéet
Reviewed and approved.
skins rf fo
ROBERT L. WOODS
Assistant General Counsel
(Manpower and Reserve Affairs)
1000 Navy Pentagon, Rm 4D548
Washington, DC 20350-1000
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