DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 10958-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 (b) Public Law 113-291 (c) Title 10 U.S.C. §1448 (d) Title 10 U.S.C. §1450 (e) Title 10 U.S.C. §1455 (f) DOD FMR Vol 7B Encl: (1) DD Form 149 w/attachments 1. Pursuant to the provisions of reference (a), Subject’s daughter, hereinafter referred to as Petitioner, filed enclosure (1) with this Board, requesting that the applicable naval record be corrected to reflect timely submission of DD Form 2656-7, Survivor Benefit Plan (SBP) Verification of Survivor Annuity Form. 2. The Board reviewed the Petitioners allegations of error and injustice on 18 December 2019 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 enclosure, relevant portions of Subject’s naval record, 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 regulation within the Department of the Navy. b. In accordance with reference (b), references (c) through (e) have been amended to allow SBP payments to be made directly to a special needs trust (SNT) established for a disabled dependent child. c. On 1 November 1968, Subject retired from the Navy and selected child-only coverage for his disabled child under the Retired Serviceman’s Family Protection Plan (RSFPP). d. On 3 March 1973, Subject elected child-only Survivor Benefit Plan (SBP) coverage for a disabled child during the open enrollment season that followed the implementation of SBP. e. On 5 December 2007, Subject died. f. On 18 January 2008, the Defense Finance and Accounting Service (DFAS) was notified of Subject’s death. g. On 9 July 2008, a SNT was established for Subject’s disabled dependent daughter. h. On 30 November 2016, Subject’s wife, and the mother of his disabled dependent daughter, died. i. On 18 July 2017, Petitioner contacted the DFAS to request the required forms to establish payment of the SBP annuity to the SNT. j. On 5 September 2017, the DFAS denied Petitioner’s claim under the Barring Act, 31 U.S.C. § 3702, because she did not request payment of the claim within six years from the date it accrued. k. On 26 September 2017, Petitioner appealed DFAS’s denial. l. On 9 October 2018, the Defense Office of Hearing and Appeals denied Petitioner’s appeal but acknowledged that the disabled dependent daughter is otherwise entitled to both the RSFPP and SBP annuities, and directed her to submit a DD Form 149 to this Board. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action. The Board concluded that Petitioner provided sufficient evidence that, had Subject’s wife been given proper timely guidance, she would have submitted a claim for RSFPP and SBP benefits to the DFAS on behalf of her disabled dependent daughter in a timely manner. Although the proper administrative requirements were not completed, the Board determined that, under the circumstances, relief is warranted. RECOMMENDATION That Subject’s naval record be corrected, where appropriate, to show that: Subject’s wife submitted a claim for RSFPPP and SBP benefits to the DFAS on behalf of her disabled dependent daughter in a timely manner. Note: The RSFPP and SBP benefits are to be paid to the established SNT. A copy of this Report of Proceedings will be filed in Subject’s naval record. 4. It is certified that a 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. 5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)), and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.