DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO , USNR RET XXX-XX- Ref: (a) Title 10 U.S.C. § 1552 (b) DODFMR, Vol 7B 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 reflect youngest child as second beneficiary for Reserve Component Survivor Benefit Plan (RCSBP). 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 25 August 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 reference (b), members who are married or have a dependent child, and who receive notice of eligibility (NOE) for retired pay, after 1 January 2001, are automatically an immediate participant in RCSBP unless the member elects (with spousal concurrence) not to participate within 90-days of receiving the NOE. Additionally, a child is an eligible beneficiary if the child is unmarried and under the age of 18, or incapable of self-support because of physical or mental incapacity, which existed before the child’s 18th birthday or was incurred before age 22 while pursuing a full-time course of study. Moreover, National Defense Authorization Act for Fiscal Year 2015, Public Law 113-291, amendment to 10 U.S.C. § 1448, 1450, and 1455 gave Military Service members and retirees the option to direct payment of an annuity for a dependent child to a Special Needs Trust (SNT). b. Petitioner married on 3 January 1993. c. Petitioner’s first child, , was born on . d. Petitioner’s second child, , was born on . e. Petitioner earned 20 total years of qualifying service on 13 May 2008. f. On , Petitioner issued Notification of Eligibility (NOE) to Receive Retired Pay at Age 60 and Participate in the Reserve Component Survivor Benefit Plan (RCSBP). g. On 28 August 2018, Primary Care Manager (PCM) for , signed a letter stating the child was diagnosed with a disability, requiring assistance with all activities of daily living, at the age of 33-months. h. Petitioner transferred to the Retired Reserve without pay effective 1 June 2018. i. On 11 February 2020, Department of Veterans Affairs (DVA) issued Petitioner notification indicating “Permanent incapacity for self-support is established for .” j. Petitioner submitted the SNT Attorney Certification, signed on 19 August 2020. k. On 2 July 2021, Navy Personnel Command confirmed Petitioner failed to make an RCSBP election within 90-days of receiving NOE; therefore, was automatically enrolled in RCSBP Spouse and Children coverage. 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 evidence to reflect his son, was deemed incapacitated by his PCM and DVA; therefore, under these circumstances, relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Prior to turning age 18 () Petitioner’s son was diagnosed as an incapacitated dependent. Furthermore, Petitioner’s son remained enrolled as a Reserve Component Survivor Benefit Plan (RCSBP) beneficiary. Note: This change is only authorized after the Petitioner garner’s approval from Navy Personnel Command (PERS-2D) to extend benefits to Petitioner’s incapacitated child. The decision is based upon the degree of incapacity as determined by the Bureau of Medicine and Surgery and whether or not the dependent meets the criteria established by Federal law. Petitioner must submit a request per directions outlined on https://www.mynavyhr.navy.mil/Support-Services/Pay-Pers_Support/ID-Card-Benefits. Petitioner may also contact the Navy Incapacitated Dependent Program Coordinator at (901) 874-3360/3319 for assistance. Additionally, Petitioner is required to coordinate with Navy Personnel Command (PERS-912E) to establish SNT as beneficiary. PERS-912E can be reached via My Navy Career Center at (833) 330-6622. 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. 10/5/2021