DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 5433-16 
OCT 03 2016 

From: Chairman, Board for Correction ofNaval Records 
To: 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) Subject's naval record 

1. Pursuant to the provisions ofreference (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 that the Petitioner has established a Special Needs Trust (SNT) in order to establish 
direct payment ofa dependent child Survivor Benefit Plan (SBP) annuity directly to the SNT. 

2. The Board, consisting of , and , reviewed Petitioner's 
allegations of error and injustice on 1-1 August 2016 and, pursuant to its regulations, determined 
that the corrective action indicated below should be taken on the available evidence ofrecord. 
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 ofrecord pertaining to Petitioner's allegations of 
error and injustice, finds as follows: before applying to this Board, Petitioner exhausted all 
administrative remedies available under existing law and regulations within the Department of 
the Navy. 

CONCLUSION 

Upon review and consideration of all the evidence ofrecord, the Board finds the existence of an 
injustice warranting the following corrective action. 

RECOMMENDATION: 

That Petitioner's naval record be corrected, where appropriate, to show that: 

a. Prior to Petitioner's 31 August 1997 transfer to the Retired list, his son, 
, was designated as an incapacitated dependent. Note: on 30 September 2002, Petitioner's youngest 
son aged off. Furthermore, SBP coverage was adjusted from spouse and child 
to spouse only. And Petitioner has established a Special Needs Trust for his oldest child 
spouse only. 

Therefore SBP coverage needs to be reestablished to reflect spouse and child vice 

b. Petitioner is responsible for any unpaid SBP costs that would have been deducted after his 
SBP coverage was changed. No waiver of unpaid costs will be granted. 

c. A copy ofthis Report of Proceedings will be filed in Petitioner's naval record. 

4. It is certified that a quorum was presented at the Board's review and deliberations, and that 
the foregoing is a true and complete record ofthe Board's proceedings in the above entitled 
matter.  

5. Pursuant to the delegation of authority set out in Sec · the revised Procedures ofthe 
Board for Correction ofNaval 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 ofreference (a), has been approved by the Board on 
behalf of the Secretary ofthe Navy. 

Executive Director