DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 10242-17 FEB 25 2018 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe 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's hereinafter referred to as Petitioner, in her role as Relative Caregiver for a minor and Dependent ofthe Juvenile Court, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to reflect that a claim for the Survivor Benefit Plan (SBP) annuity was filed within 6 years ofthe Subject's death. 2. The Board, consisting of , reviewed Petitioner's allegations oferror and injustice on 25 January 2018 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 ofyour application, together with all material submitted in support thereof, relevant portions ofyour naval record 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: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department ofthe Navy. b. On , Subject's daughter, was born. c. Note: Public Law 107-107 (Sec. 642) enacted on 28 December 2001, extended SBP eligibility to qualified survivors ofall active duty service members, regardless ofyears of service, whose death occurred in the line ofduty after 10 September 2001. Public Law 108-136 (Sec. 645) enacted on 24 November 2003, extended this benefit in cases where there is no eligible surviving spouse, the annuity will be paid to the service member's dependent children. d. On , Subject died. Subject's death was determined to be in the line of duty. e. On 5 December 2016, a Judgement ofParentage was entered by a court ofcompetent jurisdiction, declaring that , Subject, was the biological father of Petitioner. Subject did not have an eligible spouse or any other dependent children upon his death. CONCLUSION Upon review and consideration ofall the evidence ofrecord, the Board finds the existence ofan injustice warranting corrective action due to the following: Subject died in the line ofduty on 12 March 2004. As such, any eligible dependents were entitled to receive the SBP annuity. Although Subject had listed Petitioner on some ofhis military documents, an official paternity determination was not made until post-mortem. Due to delays in the process of establishing parentage, Petitioner was unable to file a timely claim for the SBP annuity. Because Petitioner is the only eligible annuitant and because the delay in filing a claim was outside ofthe Petitioner's control, the Board concluded that a measure ofrelief is warranted in this case. RECOMMENDATION That Subject's naval record be corrected, where appropriate, to show that: Within six years of Subject's death (which occurred on 12 March 2004), Petitioner, through her guardian, filed a claim for the SBP annuity. A copy ofthis Report ofProceedings 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 ofthe Board's proceedings in the above entitled matter. 5. Pursuant to the delegation ofauthority set out in Section 6 (e)revised Procedures ofthe Board for Correction ofNaval Records (32 Code ofFederal 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 behalfofthe Secretary ofthe Navy. Executive Director