DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 8 COURTHOUSE RD SUITE 1004
ARLINGTON VA 22204-2490
BAN
Docket No.NR04852-13
2 December 2013
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 w/attachments
(2) Navy Personnel Command/Survivor Benefit Plan Program
Manager Casualty Assistance (PERS-13}) memo of
18 Sept 2013
(3) DD Form 214 (20 Nov 2001 - 30 Sept 2002)
Correction to DD Form 214
Marriage Certificate btwng and
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 Petitioner
submitted a timely written request for Reserve Component
an Benefit Plan (RCSBP) coverage for his spouse maa
at the full base amount within one year of their
marriage on
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and
George, reviewed Petitioner's allegations of error and injustice
on 12 November 2013 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.
Docket No.NR04852-13
b. Fee eee i gl (Petitioner) transferred to
the retired list without pay, during June 2000. He was single
at that time and had no eligible beneficiaries for enrollment in
the RCSBP program.
c. Petitioner was activated to active duty in November
2001, immediately following the September 11, 2001 attacks,
enclosures (3) and (4).
a. Prior to his deployment, Petitioner married i
: } enclosure (5). He claims that he
only had three weeks to take care of all of his personal affairs
prior to the mobilization with a unit that he was not familiar
with and did not know that he had to enroll his new spouse for
RCSBP coverage.
e. Additionally, Petitioner notes that while on activated,
he was unaware of any open enrollment seasons to enroll his
spouse. He was finally released from the Reserves in September
2012, after 33 years of service.
f. By enclosure (2), NPC/SBP Manager recommended that no
relief be granted, stating that the statutory failing ddéadline
has expired. That Petitioner had one year from the date of his
marriage to elect spousal coverage oF during an open enrollment
season and failed to do so.
CONCLUSION:
Upon review and consideration of all the evidence in the record,
the Board concludes that Petitioner's request warrants favorable
action. The Board found that the following factors militated in
favor of relief: Petitioner was not married at the original
time he first transferred to retired list and was not eligible
for RCSBP enrollment since he did not have any eligible
dependents. Additionally, the Board recognized that Petitioner
did not submit an election within one year from the date of his
marriage as required by applicable law. However in light of the
extenuating circumstances of the events of September 11, 2001,
where he was activated to active duty, the Board understood that
he may not have had the time or knowledge to enroil his new
spouse in the RCSBP program. Finally, the Board also understood
and carefully considered the comments made in enclosure (2),
that Petitioner could have enrolled his spouse during the one
year of their marriage or during one of the open enrollment
seasons. However, balancing the factors that militate in favor
Docket No.NR04852-13
of relief against those that militate against, 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:
a. Petitioner executed a timely written request for
enrollment in RCSBP coverage, at the full base amount, naming
as the sole beneficiary. The request was
received by cognizant authority and became effective 18 November
2001, the day following the date of marriage.
b. Petitioner is responsible for all RCSBP premiums costs
that will be calculated into his RCSBP payments at the time he
reaches age 60. There is no waiver authorized.
Cc. That a copy of the Report of Proceedings, be filed in
the 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.
Drumset Lon
ROBERT D. ZSALMAN BRONTE I. MONTGOMERY
Recorder Acting Recorder
a The foregoing action of the Board is submitted for your
review and action.
» dei
Fxyecutive Director
Ad [ook 12/9115
ReyaBERPLANGOBEE=Ove*:
Assistant General Counsel
(Manpower and Reserve Affairs) 3
1000 Navy Pentagon, Rm 4D548
Washington, DC 20359-1000
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 5 COURTHOUSE RD SUITE 1001 ARLINGTON VA 22204-2490 BAN Docket No.NRO2288-13 4 December 2013 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 w/attachments (2) Navy Personnel Command/Survivor Benefit Plan Program Manager Casualty Assistance (PERS-13} memo of ‘Meath Certificate in case of ay