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

Docket No. 9801-19  
Ref:  Signature Date  

From: Chairman, Board for Correction of Naval Records  
To:   Secretary of the Navy  

Subj: REVIEW OF NAVAL RECORD ICO 

Ref: (a) Title 10 U.S.C. §1552 
     (b) Title 31 U.S.C. §3702 
     (c) DOD 7000.14R, Vol 7B 

Encl: (1) DD Form 149 w/attachments 
      (2) Subject’s naval record 

1.  Pursuant to the provisions of reference (a) Subject’s daughter, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to reflect timely submission of Survivor Benefit Plan (SBP) annuity claim. 

2. The Board, consisting of     , reviewed 
Petitioner’s allegations of error and injustice on 31 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 Subject’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.  Subject married                    on 23 December 1995.

     c.  Subject’s daughter             (Petitioner) was born on                    .

     d.  Subject divorced on 17 September 2001.

     e.  Subject married              on 20 September 2001.

     f.  Subject’s daughter              was born on               .

     g.  Subject’s son              was born on                 . 

     h.  Subject died on 20 July 2005. 

     i.  On 24 August 2005, widow signed “Spouse Statement of Desired Active Duty Survivor Benefit Plan (SBP) Converge” and elects “Children Only”

     j.  On 24 August 2005, widow signed “Request for Optional Survivor Benefit Plan (SBP) Annuity Payments ICO PO1              ” letter indicating “I understand that the Defense Finance and Accounting Service-Cleveland Center (DFAS-CL) will pay the SBP annuity on behalf of his qualified minor children.”

     k.  Widow completed DD Form 2656-7, Verification for Survivor Annuity listing only her children (                  and                         ) as annuitants. 

CONCLUSION 

Upon review and consideration of all the evidence of record, and especially in light of the contents of reference (c), the Board finds the existence of an injustice warranting the following corrective action.  Petitioner’s guardian failed to submit a verification of survivor annuity claim within 6 years of Subject’s death in accordance with reference (b).  Although the proper administrative requirements were not completed, the Board felt that under these circumstances, a measure of relief is warranted. 

RECOMMENDATION 

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

Petitioner’s guardian filed a claim for the SBP annuity within 6 years of Subject’s death. 

Note: Defense Finance and Accounting Service (DFAS) will complete an audit of Subject’s records to determine if Petitioner is due any back pay and allowances. 

A copy of this Report of Proceedings will be filed in Subject’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. 


2/7/2020