DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
DIC
Docket No. NR7914-14
24 Mar 15
From: Chairman, Board for Correction of Naval Records
Lo: Secretary of the Navy
Subj: REVIEW _OF NAVAL RECORD ICO
Ref: (a) Title 10 U.S.C... 1552
Encl: (1) DD Form 149 w/attachments
(2) NPC memo dtd 27 Jan_15
(3) DEERS printout
(4) Dependency Application/RED (NAVPERS 1070/602) dtd 27 Dec 07
(5) Certificate of Release or Discharge from A.D. (DD Form 214)
(6) HUNT system printout
(7) DD Form 2656 dtd 9 Jul 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 the Petitioner declined enrollment in the Survivor Benefit
Plan (SBP).
2. The Board, consisting of mn Ey ad
reviewed Petitioner's allegations of error and injustice on
23 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 ond «<:: married on 14 January
1991, and divorced on or a ctober 1997. See enclosure (3).
c. Petitioner 1 iiii_p were married on 10 April
1998. See enclosure (4).
d. Petitioner transferred to the Fleet Reserve on 31 August
2013. See enclosures (5).
Docket No. NR7914-14
e. On or about 1 September 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 (6) and (7).
i. 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 folldWwing 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, DFAS does not
have any record that Petitioner tried to contact DFAS once the error
was discovered. Moreover, 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 August 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. NR7914-14
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.
24 Mar 15
ROBERT J. O'NEILL
Executive Director
{130s
Reviewed and approved
eviews ant-atGeepeeea (OO
ROBERT L. WOODS
Assistant General Counsel
(Manpower and Reserve Affairs)
1000 Navy Pentagon, Rm 4D548
Washington, DC 20350-1000
NAVY | BCNR | CY2014 | NR7204 14
Furthermore, the Petitioner's. 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. Furthermore, the DD Form 2656 was completed prior to Petitioner's retirement.
NAVY | BCNR | CY2013 | NR3406 13
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). 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. e. On 21 March 2013, the Petitioner submitted a DD...
NAVY | BCNR | CY2012 | 08345 12
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 §, COURTHOUSE ROAD, SUITE 7 004 ARLINGTON, VA 22204-2490 pyc Docket No. 8345-12 27 Aug 13 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy x Ref: {a) Title 10 U.9.c. The Board, consisting of Mr. Pfeiffer, Mr. Zsaiman, and Mr. George, reviewed Petitioner’s allegations of error and injustice on 26 Bugust 2013 and, pursuant to its regulations, determined that the corrective action indicated below...
NAVY | BCNR | CY2014 | NR5444 14
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 timely written request for conversion from child only to- spouse and child coverage. k. In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner's application has commented to the effect that the request has no merit and...
NAVY | BCNR | CY2013 | NR3501-13
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 Petitioner’s retirement on 30 August 2012, he declined Survivor Benefit Plan (SBP) coverage with spousal concurrence. Docket No.NRO3501-13 b. Petitioner and his spouse married on on prior to the of his retirement, he submitted a DD Form 2656-2 (SBP Termination Request) seeking to decline SBP coverage. c,...
NAVY | BCNR | CY2013 | NR2537 13
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. 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...
NAVY | BCNR | CY2007 | 04321-07
MAJORITY CONCLUSION:Upon review and consideration of all the evidence of record, a majority of the Board, consisting of Ms. Ballinger and Mr. Leeman, concludes that Petitioner’s request warrants favorable action. The majority finds that and his spouse did show a desire to decline SBP prior to retirement as evidenced by the DD Form 2656 filed in July 2006.MAJORITY RECOMMENDATION:That Petitioner’s naval record be corrected, where appropriate, to show that:a. The foregoing action of the Board...
NAVY | BCNR | CY2014 | NR1945 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 that prior to his transfer to the retirement list on 31 August 2009, he declined Survivor Benefit Plan (SBP) category of coverage with spousal concurrence. e. On 17 November 2011, Petitioner stated he submitted a valid and timely request using the DD Form 2656, to the Defense Finance Accounting Service (DFAS) within the 25t...
NAVY | BCNR | CY2013 | NR3100-13
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAL, Sulre 100% ARLINGTON, VA 22204-2480 DIC Docket No. The Board, consisting of Mr. Zsalman, Mr. Exnicios, and Mr. George, reviewed Petitioner's allegations of error and injustice on 13 August 2013 and, pursuant to its regulations, determined that the corrective action indicated below should pe taken on the available evidence of record. The Board, having reviewed all the facts of record pertaining...
NAVY | BCNR | CY2009 | 11316-09
The Board, consisting of Messrs. Pfeiffer, Zsalman, and Exnicios, reviewed Petitioner’s allegations of error and injustice on 8 March 2010 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. In July 2009, after 11 months of paying SBP premiums, Petitioner submitted another DD Form 2656 to DFAS seeking to decline coverage for SBP, with spousal concurrence, (enclosure (4)). Under Title 10 U.S. Code...