RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01262

					COUNSEL:  

			HEARING DESIRED:  YES 



APPLICANT REQUESTS THAT:

The deceased former member’s records be corrected to reflect he elected full coverage ($400,000) under the Servicemembers’ Group Life Insurance (SGLI) program. 


APPLICANT CONTENDS THAT:

Due to an administrative error, her husband’s request to increase his SGLI coverage was not properly executed.  On 24 Jan 09, her husband requested an increase in his SGLI from $200,000 to $400,000.  However, the completed SGLI Election and Certificate (SGLV) 8286 was only filed in his official military records rather than being processed for submission to the insurance company as an SGLV 8286 should have been.  This error was not discovered until her husband passed away on 15 Oct 12.  Had this administrative error not occurred, her husband would have had the $400,000 SGLI coverage he elected.  

The applicant’s complete submission, with attachments, is at Exhibit A.


STATEMENT OF FACTS:

The deceased former member served in the grade of Senior Master Sergeant in the Missouri Air National Guard during the matter under review.  

According to the documentation submitted by the applicant, on 13 Sep 02, the member completed an SGLV 8286, refused the full (automatic) amount of $400,000 of SGLI coverage, but instead elected a reduced amount of $100,000.

On 10 Sep 05, the member completed an SGLV 8286, refused the full (automatic) amount of $400,000 of SGLI coverage, but instead elected a reduced amount of $200,000.

On 13 Jun 09, the member completed an SGLV 8286 applying for the full $400,000 by not declining the automatic $400,000 amount in the “Amount of Insurance” Section.  The same section of the SGLV 8286 states “Note: Reduced or refused insurance can only be restored by completing form SGLV 8285 with proof of good health and compliance with other requirements.”  

On 15 Oct 12, the deceased former member was killed in an automobile accident.  

According to the documentation provided by the applicant, the insurer denied the member’s coverage appeal for $400,000 coverage because his unit was unable to provide the SGLV 8285.  

Under Reserve Order EL-0465, dated 29 Oct 12, the deceased member’s name was placed on the Reserve Retired List, and he was credited with 22 years, 4 months, and 10 days of Reserve service.  

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.


AIR FORCE EVALUATION:

ARPC/DPTT recommends denial indicating there is no evidence of an error or an injustice.  When the member applied for SGLI coverage of $400,000 on 13 Jun 09, the form he completed stated that reduced or refused insurance can only be restored by completing the SGLV 8285 with proof of good health.  He did not complete the required SGLV 8285; therefore, his beneficiaries were not eligible to receive the increased amount at the time of his death.  Even though the deceased member’s commander accepts responsibility for an administrative error that prevented the applicant’s beneficiaries from receiving the higher requested amount, there still was no record the required “proof of good health” was provided.  Although it is clear the member attempted to increase his SGLI coverage to $400,000, ARPC/DPTT recommends denial because he did not complete the required paperwork to obtain increased coverage. 

A complete copy of the ARPC/DPTT evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Through counsel, the applicant contends this is a classic case of administrative error not being discovered until a tragedy occurred.  The applicant filled out both the SGLV 8286 and SGLV 8285 as required.  The unit clerk witnessed the member filling out both forms, and forwarded them per normal procedure.  The unit NCOIC affirms in a sworn affidavit the member completed the SGLV 8285 and that the member indicated on the form that he had no medical conditions or ill health of any kind.  If there had been no administrative error, and the member had not completed the SGLV 8285, someone would have contacted him to correct the oversight.  The member’s primary care physician states conclusively he did not have any pre-existing medical conditions or ill health before his death in the car accident.  Even if the member had failed to execute an SGLV 8285, it is irrelevant because he was in good health and did not die from a pre-existing medical condition.  The member’s commander sent a letter acknowledging the administrative error made by his unit, and asking the insurer to “do the right thing” and honor the intent of the deceased member.  An administrative error occurred and his intentions were not honored through no fault of his own (Exhibit E).


THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an error or injustice.  While we note the comments of ARPC/DPTT indicating relief should be denied because the deceased member did not complete the required SGLV 8285, we believe a preponderance of the evidence substantiates he submitted and completed the form and certified he was in good health and had no medical conditions of any kind.  Independent verification by a medical provider was not required.  In this respect, we note the unit clerk provided an affidavit attesting he received the signed SGLV 8285 from the member, proof-read it, and found the form was filled out correctly and indicated the member did not have any ill health of any kind.  The member’s commander attested by letter that an error occurred after the member completed his application forms, which resulted in them not being placed into proper channels.  In our view, were it not for the error in processing the applicant’s request, the matter of the certification of his health would have been properly resolved and the increased coverage effected.  Given that the deceased member clearly applied for $400,000 SGLI in Jun 09, verified he was healthy at the time of application, and at the time of his death, he did not have the $400,000 insurance coverage he signed up for due to an identified error on the part of the Government, the Board believes it would be in the interest of justice to recommend corrective action.  Therefore, we recommend the applicant’s records be corrected as indicated below.  

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the DECEASED FORMER MEMBER be corrected to show that on 13 Jun 2009, he properly completed all required documentation to increase his coverage to $400,000 under the Servicemember's Group Life Insurance (SGLI).


The following members of the Board considered AFBCMR Docket Number BC-2014-01262 in Executive Session on 16 Apr 2015 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 22 Mar 14, w/atchs.
	Exhibit B.  Decedent’s Available Military Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 5 Jun 14, w/atchs.
Exhibit D.  Letter, SAF/MRBR, dated 18 Aug 14.
Exhibit E.  Letter, Applicant, dated 24 Sep 14, w/atchs.