DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 $. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

DIC
Docket No. NR4533-14
13 Jan 15

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

Encl: (1) DD Form 149 w/attachments

(2) NPC Memo dtd 17 Nov 14

(3) DEERS system printout

(4) Dependency Application/Record of Emergency Data (NAVPERS
1070/602) dtd 14 Jun a9

(5) Dependency Application/Record of Emergency Data (NAVPERS
1070/602) dtd 19 Sep a9 :

(6) Notification of Eligibility (NOE) ltr dtd 5 oct 04

(7) NPC ltr 1820 PERS-912E dtd 21 Feb 14

(8) NPC ltr 1820 PERS-912EF dtd 28 Oct 14

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 show timely written request for conversion from child only to
spouse and child coverage under the Reserve Component Survivor Benefit
Plan {RCSBP).

   

2. The Board, consisting of yaaa anes
reviewed Petitioner's allegations of error and injustice on
12 January 2015 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 married (MMM on 7 February 1989. See
enclosures (3) and (4).

¢. Petitioner divorced his spouse on & January 1994. See
enclosure (3).
Docket No. NR4533-14

d. Petitioner mMarricd qe on 2 January 1997. See
enclosures (3).

e. Petitioner divorced his spouse on 18 August 2000. See
enclosure (3) and (5).

£. Petitioner received his Notification of Eligibility (NOE) to
receive retired pay at age 60 and participate in the Reserve Component
Survivor Benefit Plan (RCSBP) letter dated 5 October 2004.
Furthermore, he was automatically enrolled in the RCSBP with immediate
maximum child only coverage because the Naval Reserve Personnel Center
(NRPC) did not receive valid election from him during the timeframe
required by law. See enclosure (6). .

.g- Petitioner marricdqga MMM on 22 April 2006. See
enclosures (3) and (5).

h. Petitioner's daughter qa turned 18 on 24 March
2008. See enclosure (5).

i. Petitioner received letter from Commander, Navy Personnel
Command dated 21 February 2014 informing him the following: “The NOE
informed you that you had 90 days from the date of receipt to respond
back to us, otherwise you would be automatically enrolled in the plan.
Therefore, as of 3 January 2005, you have been enrolled in an
immediate RC-SBP annuity for your spouse and child{ren).” See
‘enclosure (7).

j- Petitioner received letter from Commander, Navy Personnel
Command dated 28 October 2014 informing him the following: “The NOE
informed you that you had 90 days from the date of receipt to respond
back to us, otherwise you would be automatically enrolled in the plan.
Therefore, as of 3 January 2005, you have been enrolled in an
immediate RC-SBP annuity for your child(ren)." See enclosure (8).

k. Petitioner will turn 60 years old on 20 April 2021. See
enclosure (3).

i. In correspondence attached as enclosure (2), the office
having cognizance over the subject matter addressed in Petitioner's
application has commented to the effect that the request has no merit
and warrants no favorable action. Petitioner was Single when he was
notified of his eligibility to receive retired pay and participate in
the RCSBP. He was automatically enrolled in the RCSBP with immediate
maximum child only coverage because the NRPC did not receive a valid
RCSBP election from him during the timeframe required by law. His
notification letter stated in part that “you are now entitled to
_ participate in the RCSBP. Enclosure (3) provides pertinent
information and an election certificate. Your completed election
Docket No. NR4533-14

certificate must be submitted to this command (N32) within 90 days of
receipt of this letter. Your election is irrevocable except under
certain changes in dependent status.” Navy Personnel Command (PERS-
912) stated that they did not receive a request from Petitioner or the
Navy Operational Support Center, San Diego to enroll his spouse in the
RCSBP during the one-year timeframe required by law. They notified
Petitioner that as of 3 January 2005, he had been enrolled in the
RCSBP under the spouse and child category with immediate (Option C)
coverage. Eight months later, they notified Petitioner that their
previous letter was erroneous, and. that as of 3 January 2005, he had
been enrolled under the child only category with immediate (Option C}
coverage. Nevertheless, Petitioner was notified of his eligibility to
receive retired pay at age 60 and participate in the RCSBP and did not
respond. He remains eligible to elect spouse category coverage if an
open season enrollment period is established by law.

CONCLUSION

Upon review and consideration of all the evidence of record, and
despite the contents of enclosure (2), the Board finds the existence
of an injustice warranting the following corrective action. The Board
_ concurs with the available evidence provided by the Petitioner,
finding the existence of an injustice warranting corrective action.
The Board relied heavily on the events that took place prior to
Petitioner receiving his NOE letter and his Marriage to@m® The
Board's experience has shown that many Sailors and Marines drilling
reservist receive insufficient or inaccurate RCSBP/SBP counseling
prior to or after their date of retirement, and before receiving
‘retired pay. Most of the interaction is made via correspondence, and
depending on the member’s normal life tempo, the individual might or
might not realize the importance of RCSBP/SBP coverage or that a
decision must be made within 90 days after receiving NOE letter. At
that time he received his letter, Petitioner was single with dependent
children. It-is not outside the realm of possibility that Petitioner
did not grasp the urgency. of making such a life time decision, nor was
he likely to be cognizant of all the rules that govern the program.

In this case, the Petitioner was under the impression he had completed
RCSBP election certificate at the NOSC San Diego, California as well
as DEERS, SGLI, and all other dependent oriented forms required when
one gets married. It was not until 2014 that he found out via BUPERS
912 that no RCSBP election certificate existed for his spouse.

RECOMMENDATION:

That Petitioner’s naval record be corrected, where appropriate, to
show that:
Docket No. NR4533-14

a. The Petitioner executed a written request for conversion from
child only to spouse and child RCSBP coverage, at the same level of

coverage as previously elected, naningg__M—MM as the
beneficiary. The request. was received by cognizant authority and

became effective 23 April 2006, the day following the date of
marriage.

b. Petitioner is responsible for future unpaid RCSBP costs
(Petitioner will be eligible for retire pay on or about 20 April 2021)
that would have been deducted if he enrolled at the time of his
Marriage. No waiver of unpaid costs will be granted.

c. A copy of this Report of Proceedings will be filed in
Petitionér’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. : .

 

5. The foregoing action of the Board is submitted for your review
and action.

     

ROBERT J. O'NEILL
Executive Director

Reviewed and approved.

fla. 3)

ROBERT L. WOODS

Assistant General Counsel
(Manpower and Reserve Affairs)
1000 Navy Pentagon, Rm 4D548
Washington, DC 20350-1000