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

Docket No. 5217-17  
AUG 3 1 2017  

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's son, Jim Caparas Cheesman, hereinafter referred to as Petitioner, 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 of the Subject's death. 

2. The Board, consisting of           , reviewed Petitioner's 
allegations of error and injustice on 10 August 20 17 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, 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: 

a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 

b. On 4 September 1988, Subject and gave birth to the Petitioner, . Note: On 19 September 1995, Petitioner legally changed his name to 

c. On 3 December 1991 , Subject fathers 

d. Subject and  divorce on 1 July 1992. 

e. On 9 September 1993, Subject married 

f. On 7 June 1994, Subject fathers 

g. A physical evaluation board found Subject 100% disabled and transferred him to the Temporary Disability Retired List effective 19 February 2003. 

h. Subject died on 22 March 2003. 

i. On 2 April 2003, subject's widow signed a statement of understanding, declaring that she requests "child only" SBP coverage. Further, she acknowledged that the annuity was payable in equal shares to his eligible children. Note: Subject has three eligible children. 

j. On 2 May 2003, the Secretary of the Navy (SECNAV) approved the "child only" SBP election for the Subject. 

CONCLUSION 

Upon review and consideration ofall the evidence of record, and especially in light of SECNAV's approval of"child only" SBP coverage and the fact that Petitioner did not become aware of his right to a portion ofthe annuity until recently, the Board finds the existence of an injustice warranting the following corrective action. 

RECOMMENDATION: 

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

Within six years of Subject's death (which occurred on 22 March 2003), Petitioner filed a claim 
for the SBP annuity. 

A copy ofthis 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 ofauthority set out in S i 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 of reference (a), has been approved by the Board on behalf of the Secretary ofthe Navy.