DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 04747-10
3 January 2011
From: Chairman, Board for Correction of Naval Records
Tees Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD GCS eee
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Headquarters United States Marine Corps (HQMC) memo 1761
MMSR-6K of 14 Oct 10
(3) Public Health Programs 1 Community Alternatives Programs
(CAP) Fact Sheet 9
1. Pursuant to the provisions of reference (a) Petitioner filed
enclosure (1) with this Board requesting, in effect, that the
applicable naval record be corrected to show that his dependent child
is no longer an eligible beneficiary under the
Survivor Benefit Plan (SBP) coverage.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and George,
reviewed Petitioner’s allegations of error and injustice on
22 November 2010 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. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and regulations
within the Department of the Navy.
b. Petitioner enrolled in the Survivor Benefit Plan (SBP) under
the “spouse and (disabled) child” Gta £43
Que category of coverage during the 2005-2006 open-
enrollment period. Petitioner's spouse GHP passed away on 13
October 2008, and his SBP coverage was changed to “child” only
coverage.
c. Qa | s curvently 50 years old. She suffers
from microcephaly and is mildly retarded/disabled. She is
participating in the North Carolina Department of Health and Human
Services Community Alternatives Program for Persons with Mental
Retardation/Developmental Disabilities (CAP), enclosure (3). CAP
program benefits could be lost if GHEE 2c comes an SBP annuitant in
the future.
d. In April 2010, Petitioner applied to BCNR to correct his
record to show that he terminated SBP “child” coverage. Petitioner
stated that he was not aware of the adverse financial effect his
decision to enroll QP would cause.
e. By enclosure (2), HOQMC recommended that no relief be granted,
stating that there are no provisions for withdrawing from SBP coverage
after enrolling during an open enrollment period. HQMC also reasoned
that since Petitioner submitted all the necessary paperwork to enroll
his spouse and incapacitated daughter to be covered under SBP, and
paid all the necessary costs involved, and that he should not be
allowed to change it now.
CONCLUSION:
Upon review and consideration of all the evidence in the record, the
Board concludes that Petitioner’s request warrants favorable action.
The Board understood and carefully considered the comments made in
enclosure (2). However, the Board found that the following factors
militated in favor of relief. Petitioner was not aware, at the time
he elected to enroll his spouse and disabled child into SBP coverage,
of the adverse financial burden it would cause his disabled ehild.
Petitioner is already bearing the heavy burden of parenting a disabled
adult. In the Board's view, the maximum amount of compassion should
be afforded Petitioner due to his difficult circumstances. The burden
to the United States of granting the request is far outweighed by the
hardship that would be inflicted on Petitioner and his daughter by
denying the request. For these reasons, the Board finds that, as an
exception to policy, Petitioner's request should be granted favorable
action.
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
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