_ 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. 1552
Encl: (1) DD Form 149 w/attachments
(2) Survivor Benefit Plan Program manager Casualty Assistance
(PERS-13) memo of 25 Jun 2014
(3) Circuit Court of the State of Oregon for Jackson County,
Petition for Appointment of Guardian Ad Litem for@ iy
GEER °£ 8 oct 2013
(4) Cirenit Court of the State of Oregon for Jackson County,
Divorce Decree of 13 Dec 1999
{5} SEE? 5.226 Account Statement of Dec
2012
(6) Certificate of Death ico Gy: 16 Mar 2013
(7) Attorney's response to the Advisory Opinion dated 8 Sept
2014 ,
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, as Guardian Ad
on her behalf, through counsel, to change Subject's (MCPO
_— eer election for Survivor Benefit Plan (SBP) coverage
from “spouse” to “former spouse” for 11 December
1999, one day after the date of divorce, enclosure (3).
2. The Board, consisting of Messrs. ae i?
reviewed Petitioner's allegations of error and injustice on
10 September 2014 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.
Docket No.NRO1840-14
b. In January 2014, Petitioner submitted a request to BCNR
requesting to change Subject’s SBP coverage from “spouse” to “former
spouse” coverage within one year of his divorce on 10 December 1999,
enclosure (1).
c. On 11 January 1972, Subject was transferred to the Fleet
Reserve List and was married to ie The only annuity
program at that time was the Retired Serviceman’s Family Protection
Plan (RSFPP); however, he did not elect to participate in the program.
Additionally, this program did not require his spouse’s concurrence to
decline,
d. In September 1972, Congress enacted the Survivor Benefit Plan
(SBP) annuity option for retired service members that replaced RSFPP.
Therefore, in September 1973, Subject enrolled in the SBP “spouse and
child” category of coverage at the minimum amount.’
e. On 10 December 1999, Subject and GEE vex
divorced. Their divorce decree contained a requirement that he
provide “former spouse” SBP coverage, enclosure (4). However, neither
Patsy nor Subject elected “former spouse” SBP category of coverage
within the required one-year time frame.
f. On 18 June 2002, Subject married Qe = Since he
never changed his SBP category of coverage, Subject remained in
“spouse” coverage. On 27 December 2005, Subject and ip
were divorced. There was no “former spouse” provision in
divorce decree, but Subject still remained paying SBP premiums for
“spouse” coverage since he never notified the Defense Finance
Accounting’ Service (DFAS) of the change in his marital status.
g. Onl October 2007, Subject married BB 9 aithough
the birth date listed on Subject’s Retired Account Statement for SBP
coverage was QB. enclosure (5) SR 2s the
legal beneficiary to the SBP since he was in the “spouse” category of
coverage,
Note: Although the birth date alone does not entitle iy to a
SBP annuity in itself, it aids in her argument that Subject’s original
election was for her.
h. On 1 October 2008, Subject was notified by DFAS that his SBP
premiums for “spouse” coverage were paid up and no further deductions
would be taken from his retired pay.
i. Subject died on 16 March 2013, enclosure (6).
’ This program was created to provide a better degree of financial security to service
member's beneficiary(ies}. When a service member dies while on active duty or a
retired service member dies, SBP provides the beneficiaryl(ies) with a portion of the
service member’s retirement pay.
Docket No.NRGiL840-14
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