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


Docket No. 1972-19

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD   
 
Ref:  (a) Title 10 U.S.C. §1552 
      (b) DODFMR, Vol 7B, Chp 43 
 
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 this Board requesting, in effect, that the applicable naval record be corrected to reflect Survivor Benefit Plan (SBP) election for spouse and child. 
                                              
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 24 January 2020 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, 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.  In accordance with reference (b), a member who did not elect child coverage for a dependent child, either at the time of becoming eligible for retired pay (if applicable) or within 1 year of acquiring the first dependent child, may not elect child coverage for subsequently acquired child or children unless otherwise provided by law.  
 
     c.  Petitioner married  on 7 May 1977. 
 
     d.  Petitioner’s son,  is born on  1988. 
 
     e.  Petitioner transferred to Retired List effective 1 July 2007. 
 
     f.  Petitioner enrolled in SBP spouse only coverage effective 1 July 2007. 
 
     g.  On 15 January 2014, , Family Medicine, Medical Sufficiency Letter indicates Petitioner’s son,  was diagnosed with Psychotic Disorder and Major Depression at the age of 13.  The letter further indicates the  has a poor prognosis for future employability and self-support. 
 
     h.  On 12 June 2014, Petitioner’s son,  is enrolled in the Navy’s Incapacitated Dependent Program as permanently incapacitated.  
 
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 son’s incapacitated status and certification of Special Needs Trust (SNT).  However, because National Defense Authorization Act for Fiscal Year 2015, Public Law 113-291, amendment to 10 U.S.C. § 1448, 1450, and 1455 giving Military Service members and retirees the option to direct payment of an annuity for a dependent child to an SNT occurred after Petitioner retired, the Board felt that under these circumstances, a measure of relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner elected SBP spouse and child coverage naming   as the beneficiaries, at the same level of coverage as previously elected, prior to transferring to the Retired List on 1 July 2007.  Note: No waiver of unpaid premiums will be granted. 
                                                         
Note:  On 20 December 2018, an SNT was certified naming  and  as the Trustee for .  First Successor Trustee is named   
 
Prior to turning age 18 (    ) Petitioner’s son  was diagnosed as an incapacitated dependent. 
 
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 
 
4.  It is certified that 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.