| Mr. Carl W. S. Chun | Director | |
| Mr. Kenneth H. Aucock | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Mr. Walter T. Morrison | Member | |
| Mr. Thomas E. O'Shaughnessy, Jr. | Member |
APPLICANT REQUESTS: In effect, the applicant is requesting that the records of her deceased ex-husband, a former service member (FSM) be corrected to show that he elected to convert his Servicemembers' Group Life Insurance (SGLI) to Veteran's Group Life Insurance (VGLI) subsequent to his discharge from the Mississippi Army National Guard and as a Reserve of the Army on 15 October 1996; and that his minor children receive the annuities from the VGLI.
APPLICANT STATES: That the 22 March 2001 Board acted favorably in correcting the FSM's records to show that he enrolled in the Reserve Component Survivor Benefit Program (RCSBP) on 1 December 1996 for his dependent children. She states that if the FSM had been properly discharged, e.g., with notification that he would receive retired pay at age 60, and given all the information concerning benefits, he would have elected to convert his SGLI to VGLI and designated his minor children as beneficiaries.
EVIDENCE OF RECORD: Incorporated herein by reference are military records which were summarized in proceedings prepared to reflect the Board's consideration of the case (AR2000047968) on 22 March 2001. That Board determined that had the FSM's retirement points been verified at the proper time, he would have been eligible to receive his 20-year letter in late 1996, and as such, would have enrolled in the RCSBP for dependent children coverage to financially protect his young children had he been given the opportunity to do so.
The FSM's records contain a SGLV 8286 (Servicemen's Group Life Insurance Election and Certificate), dated 11 November 1995. That document shows that he elected an insured amount of $200,000.00, and that he designated as his beneficiaries his wife (the applicant), his two daughters and his son, with the annuity to be paid in equal amounts to each. His NGB Form 22 (Report of Separation and Record of Service) dated 15 October 1996 indicates that he had SGLI coverage in the amount of $200,000.00.
Servicemembers’ Group Life Insurance (SGLI) is a program of low cost group life insurance for service members on active duty, ready reservists, etc., and is available in $10,000.00 increments up to a then maximum of $200,000.00. SGLI is in effect during the period of such duty and for 120 days following separation or release from such duty. SGLI participants can convert their full-time SGLI coverage to term insurance under the VGLI program upon release from the service, release from the Army Reserve or National Guard, or transfer to the Retired Reserve.
Veterans’ Group Life Insurance (VGLI) is a program of post-separation insurance which provides for the conversion of SGLI to 5-year renewable term insurance. VGLI is issued in multiples of $10,000.00 up to a then maximum of $200,000.00, but not for more than the amount of SGLI the member had in force at the time of separation from service. An individual may apply for VGLI, without evidence of good health, within 120 days of separation, transfer to the Retired Reserve, discharge, etc. Application may also be made for up to one year from the end of the 120-day SLGI extension; however, evidence of good health may be required.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicant has not provided any evidence to support her contention that the FSM would have converted his SGLI to VGLI had he received notification that he would receive retired pay at age 60. Whether or not he received such notification, he could have converted his SGLI to VGLI within the 120 day period subsequent to his transfer to the Retired Reserve. The Board notes, that unlike the RCSBP, in which the FSM did not have the opportunity to enroll, he had ample opportunity to convert his SGLI to VGLI after his transfer to the Retired Reserve. Her contention that the FSM did not convert because he had not received the proper notification is speculative, and has no basis in fact.
The applicant has submitted neither probative evidence nor a convincing argument in support of her request.
2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.
3. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__MKP__ __WTM__ __TEO __ DENY APPLICATION
| CASE ID | AR2002083137 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030729 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 101.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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