DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 4046-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO , USN RET, Ref: (a) Title 10 U.S.C. § 1552 (b) DODFMR, Vol 7B, Chapter 44 Encl: (1) DD Form 149 w/attachments (2) Subject’s naval record 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to reestablish election of Survivor Benefit Plan (SBP) Spouse and Child coverage. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 28 July 2021 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, relevant portions of Petitioner’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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: a. In accordance with references (b), one of the criterions for a child to be an eligible beneficiary is they are incapable of self-support because of physical or mental incapacity, which existed before the eighteenth birthday or was incurred before age 22 while pursuing a full-time course of study. b. Petitioner married on 4 May 1991. c. Petitioner’s son, , was born on . d. Petitioner submitted DD Form 2656, Data for Payment of Retired Personnel electing SBP Spouse and Child coverage on 17 May 2012. e. Petitioner transferred to the Retired List effective 1 July 2012 and SBP Spouse and Child coverage began. f. On 2 June 2018, Bureau of Medicine and Surgery (BUMED) determined Petitioner’s son was not capable of self-support, the incapacity existed prior to age 21 or 23 and the incapacity was considered permanent. Note: BUMED indicates primary pertinent diagnosis was Noonan’s syndrome, which was diagnosed at age 18-months. g. On 5 June 2018, Petitioner issued notification from Navy Personnel Command indicating Jared was enrolled in the Navy’s Incapacitated Dependent Program as permanently incapacitated. h. On 1 July 2019, Petitioner’s SBP election changed from “Spouse and Child” to “Spouse only” coverage. i. Petitioner and spouse signed SBP Affidavit on 18 September 2020 before a notary witness electing SBP Spouse and Child coverage at full gross retired pay. j. Petitioner’s attorney, , provided the Attorney’s Special Needs Trust (SNT) Certification dated 29 September 2020. 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 Petitioner provided sufficient evidence to reflect his son’s incapacitated status and certification of SNT. However, because Petitioner improperly completed DD Form 2656, Data for Payment of Retired Personnel, child coverage discontinued at age 22. Although the proper administrative requirements were not complete, the Board felt that under these circumstances, relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner’s DD Form 2565, Data for Payment of Retired Personnel dated 17 May 2012 is amended to reflect Block 25e (Disabled?) “Yes” vice “No”. This change will continue Petitioner’s election of SBP Spouse and Child coverage naming and , as beneficiaries, based on full retired pay level of coverage elected on 17 May 2012, prior to transferring to Retired List effective 1 July 2012. Note: No waiver of unpaid premiums will be granted. A copy of this Report of Proceedings will be filed in Petitioner’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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 8/9/2021 3