DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 § COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2496
BAN
Docket No.NRO04215-13
13 January 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Enel: (1) DD Form 149 w/attachments
(2) Navy Personnel Command/Survivor Benefit Plan Program
Manager Casualty Assistance (PERS-13) memo of
(3) Judgment of Dissolution of Marriage from the Second
Judicial Circuit, Jefferson County, Illinois of
(4) Jefferson County Clerk and Recorder, Mt Vernon,
Illinois Death Certificate in care of Pg
Spence of >
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 Petitioner
submitted a timely written request to change his voluntary
“former spouse” Survivor Benefit Plan (SBP) coverage to “spouse”
coverage, before his “former spouse's” death.
>. The Board, consisting of Messrs. Zsalman, Exnicios and
George, reviewed Petitioner's allegations of error and injustice
on EBEEEES® ana, 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.NRO4215-13
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Petty Officer First Class Si.
Their divorce decree contained no requirement
that “former spouse” RCSBP/SBP coverage be established,
enclosure (3).
(Petitioner) an Se we 0S divorced onda
c. On Petitioner received his Notification
of Eligibility. He was single at that time but he voluntarily
elected immediate RCSBP category of coverage for his “former
spouse” - at the maximum level. He
' transferred to the Retired List without pay On SSE ee
d. Petitioner and i were married on #ii™>
ee =e took no action to change his RCSBP election
from “former spouse” to current “spouse” category of coverage.
e. In February 2009, Petitioner turned age 60 and started
to receive retired pay. However, he never changed his SBP
election to show that he was now choosing to cover his current
“spouse” vice his “former spouse” prior to his 60°" birthday.
Therefore, his RCSBP for “former spouse” rolled over to SBP
coverage for his “former spouse” as well. Therefore, Petitioner
started having premiums deducted from his retired pay for both
RCSBP and SBP coverage, having his “former spouse” listed as the
sole beneficiary.
f. Petitioner’s “former spouse" died on
enclosure (4). In QM, Petitioner submitted a request to
the Board for Correction of Naval Records requesting to change
his SBP election from “former spouse” to “spouse” category of
coverage since his “former spouse” passed away. Petitioner
claims he was unaware of any regulation or law that he was
required to make any change to his SBP election prior to his
“former spouse’s” death.
g. By enclosure (2), NPC/SBP Manager recommended that no
relief be granted, stating that the statutory filing deadline
has expired when Petitioner's “former spouse" died.
MAJORITY CONCLUSION:
Upon review and consideration of all the evidence of record and
despite the Surviver Benefit Plan Program Manager’s unfavorable
advisory opinion, a majority of the Board, consisting of Mr.
Docket No.NRO4215-13
James Exnicios and Mr. Brian George, the majority disagree with
the advisory opinion at enclosure (2), and concludes that
Petitioner's request warrants favorable action.
The majority noted that Petitioner was paying SBP premiums the
entire time he started to receive retired pay in 2009, and that
his election to cover his “former spouse” was voluntary, and
that he could change his election to his current “spouse” at any
time. Additionally, the majority believed that it was a
reasonable to assume that Petitioner was unaware that he had to
make his change prior to his “former spouse’s” death. Under
these circumstances the majority does not concur with the
unfavorable recommendation of the Survivor Benefit Plan Program
Manager that Petitioner should not be allowed to change his SBP
coverage from “former spouse” to “spouse” category of coverage.
Therefore, in view of the foregoing, the minority finds
injustice warranting corrective action. That Petitioner's naval
record be corrected to show that:
MAJORITY RECOMMENDATION :
a. Petitioner executed a written and timely request for
conversion from “former spouse” to “spouse” SBP coverage, naming
as the sole beneficiary. The request was
received by cognizant authority and became effective samyp
WEEP NAVY | BCNR | CY2014 | NR11046 14
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 Petitioner submitted a timely written request to change his Survivor Benefit Plan (SBP) category of coverage from “former spouse” to “spouse” coverage, before his “former spouse’s" death. b. , (Petitioner), and were marriea on 17 July 1960, enclosure (3) and divorced on 11 May 1976, enclosure (4). g. On 2 October 2013, DFAS...
NAVY | BCNR | CY2008 | 11995-08
Pursuant to the provisions of reference (a) Subject’s former spouse, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable ‘naval record be corrected to show that after his divorce from eile December 2006, Subject submitted a written request changing his Survivor Benefit Plan (SBP) beneficiary election from “spouse” to “former spouse.” 2. & 1450(£) (3) to change the 1 Under the rules governing SBP, when a person with suspended...
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 | 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...
NAVY | BCNR | CY2007 | 05199-07
5199-07 20 December 2007From: Chairman, Board for Correction of Naval Records To: Secretary of the NavySubj: REVIEW OF NAVAL RECORD ICORef: (a) Title 10 U.S.C. Pursuant to the provisions of reference (a), Subject’s former spouse, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that after his divorce from in March 2001, Subject submitted a written request changing his Survivor Benefit Plan...
NAVY | BCNR | CY2006 | 05994-06
Pursuant to the provisions of reference (a), Subject’s former spouse, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that after his divorce fromin June 2005, Subject submitted a written request changing his Survivor Benefit Plan (SBP) beneficiary election from “spouse” to “former spouse.”2. The Board also considered an advisory opinion prepared by the Bureau of Naval Personnel Office of...
ARMY | BCMR | CY2002 | 2002072132C070403
On 20 October 1994, the FSM and the applicant divorced for the third time. When the FSM enrolled in the RCSBP in 1988, he was married to the applicant and he elected spouse coverage. He did not tell the Army that he was divorced and he continued to pay spouse premiums until his death.
ARMY | BCMR | CY2010 | 20100008432
Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement, but were not yet age 60, to provide an annuity for their survivors should they die before reaching age 60. The evidence of record shows the FSM elected to participate in the RCSBP for spouse only in 1987 when he was married to the applicant. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2008 | 20080018659
On 23 May 2000, the applicant and the FSM were divorced. The Separation and Property Settlement Agreement to the Final Judgment of Dissolution of Marriage ordered the FSM to maintain the applicant as the beneficiary of his SBP election; that is, he was ordered to change his SBP coverage from spouse only to former spouse. On 7 June 2004, the applicant filed a request with DFAS for, in effect, a deemed election changing SBP coverage from spouse only to former spouse.
ARMY | BCMR | CY2011 | 20110000928
The applicant requests, in effect, correction of the records of her deceased former spouse, a former service member (FSM), to show he timely changed his Reserve Component Survivor Benefit Plan (RCSBP) coverage from "spouse" to "former spouse" coverage at the time of their divorce and payment of the SBP annuity based on his death. The evidence of record shows that the FSM executed a DD Form 1883 on 19 August 1979, electing "spouse and children" RCSBP coverage under option C, immediate...