* DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
DIC
Docket No. NR7204-14
10 Mar 15
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
Subj: —— iii “en —
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
*(2) NPC memo dtd 20 Jan 15
(3) DEERS printout
(4) Dependency Application/RED (NAVPERS 1070/602) dtd 24 Mar 12
(5) HUNT system printout
(6) DD Form 2656 dtd 16 Feb 13
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 Petitioner declined enrollment in the Survivor Benefit Plan
(SBP).
2. The Board, consisting o Ll nd ap
reviewed Petitioner's allegations of error and injustice on
9 March 2015 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. Petitioner ont EP ...- married on 10 November
1991, and divorced on or ou March 2006. See enclosure (3).
c. Petitioner ad ip were married on 1 March 2008.
See enclosure (4).
dad. Petitioner transferred to the Fleet Reserve on 31 July 2013.
See enclosures (5).
Docket No. NR7204-14
e. On or about 1 August 2013, Petitioner was automatically
enrolled in SBP Spouse coverage as a result of the DFAS Cleveland
Center not receiving a valid SBP election (the form was invalid due to
Petitioner failing to complete Block 26). See enclosures (5) and (6).
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 as a result of
DFAS not receiving a valid SBP election. Furthermore, the
Petitioner's. spouse has been protected under the SBP since his date of
retirement and had he died during that period, she would have received
an SBP annuity. Nevertheless, 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 SBP affidavit. Furthermore, the DD Form 2656 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:
a. Prior to his 31 July 2013 transfer to the Fleet Reserve,
Petitioner declined enrollment in SBP with spousal concurrence. 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.
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
Docket No. NR7204-14
complete record of the Board’s proceedings in the above entitled
matter.
5. The foregoing action of the Board is submitted for your review
and action.
10 Mar 15
ROBERT J. O'NEILL
Executive Director
Reviewed and approved
HAE nb
ROBERT L. WOODS
Assistant General Counsel
(Manpower and Reserve Affairs)
1000 Navy Pentagon, Rm 4D548
Washington, DC 20350-1000
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