D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH: tj
Docket No: 4656-99
24 August 1999
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Ref:
(a) Title 10 U.S.C. 1552
Encl:
(1) DD Form 149 wlattachments
(2) Series of Documents
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), the legal representative of Subject's
incapacitated son, hereinafter referred to as Petitioner, filed enclosure (1) with this Board
requesting, in effect, that the applicable naval record be corrected to show Survivor Benefit
Plan (SBP) child coverage.
2. The Board, consisting of Messrs. Leeman, Milner, and Pfeiffer, reviewed Petitioner's
allegations of error and injustice on 24 August 1999 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 of record pertaining to Petitioner's allegations
of error and injustice, finds as follows:
a. kI;)i.c applying to this hiid, P ~ ~ i t i i m ~ i
cxliausted all admiriislrative rcmdies
available under existing law and regulations within the Department of the Navy.
b.
In correspondence attached as enclosure (2), Petitioner submitted documentation
showing that the request has merit and warrants favorable action.
CONCLUSION
Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure (2), 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:
Docket No: 4656-99
a. When he enrolled in SBP for child (and spouse) coverage in July 1973 he submitted
documentation attesting to the fact that his so
.I) was mentally incapacitated and w o
life.
His SBP child coverage therefore remained in effect, vice being terminated when .II)
reached age 22.
(former1
e
to re-
b
s
l
-
b. QlYlk was diagnosed with
remains incapable of self support to this da
- -
w
a
s
been appointed as his legal representative.
--- ----
c. Premiums that would have been paid since the coverage was terminated in 1979 will
be deducted from future benefits.
captai-
died on 15 February 1998.
e. That a copy of this Report of Proceedings be filed in Petitioner's naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) 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.
ROBERT D. ZSALMAN
Recorder
Acting Recorder
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.
24 August 1999
Executive Direct
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