RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 JUNE 2004
DOCKET NUMBER: AR2003098252
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Ms. Deborah L. Brantley | |Senior Analyst |
The following members, a quorum, were present:
| |Mr. Fred Eichorn | |Chairperson |
| |Mr. Larry Bergquist | |Member |
| |Ms. Eloise Prendergast | |Member |
The applicant and counsel if any, did not appear before the Board.
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that she be relieved of a debt amounting to
$260.00 for SGLI (Servicemembers’ Group Life Insurance).
2. The applicant states that she believed that she had been relieved of
her duties and was told by two members of her unit that she should not
report for unit drills. She states that she has been charged for SGLI and
now has a debt of $260.00 covering the period 18 March 2002 through 23 June
2003.
3. The applicant maintains that if her unit had properly informed her she
would have continued to attend drill and receive pay to cover the cost of
the insurance. She states that she should not be held accountable for the
debt because her unit misinformed her.
4. The applicant provides her self authored statement and an application
for remission or cancellation of indebtedness.
CONSIDERATION OF EVIDENCE:
1. Records available to the Board indicate that the applicant enlisted in
the United States Army Reserve on 18 March 2002 for a period of 8 years (6
years in a TPU (Troop Program Unit) and 2 years in the IRR (Individual
Ready Reserve)). As a result of her enlistment she was assigned to a TPU at
Fort Belvoir, Virginia and received a welcome letter from her unit
commander dated 1 April 2002.
2. Included as part of her enlistment contract was a statement, initialed
by the applicant, in which she acknowledged that she understood that:
The illegal use of narcotics, or prescription drugs, or any use of
marijuana or other illegal substances by Soldiers can lead to criminal
prosecution and/or discharge under other than honorable conditions.
If I am identified for either alcohol or drug abuse, including use or
possession of marijuana, appropriate disciplinary and/or
administrative action may be taken against me.
3. Orders were issued on 19 March 2002, by the Baltimore Military Entrance
Processing Station, ordering the applicant to active duty for initial entry
training commencing on 11 April 2002.
4. A 25 March 2002 letter, addressed to the applicant, indicates that she
tested positive for use of marijuana during her medical examination at the
Military Entrance Processing Station. Her orders for initial entry
training were subsequently revoked and by August 2002 the applicant’s unit
commander notified her that she was being considered for administrative
separation as a result of the positive drug test.
5. The applicant acknowledged receipt of the separation action, consulted
with counsel and waived her attendant rights.
6. The recommendation for separation was approved and on 23 June 2003
orders were issued discharging the applicant from the United States Army
Reserve effective 27 June 2003. Her discharge was uncharacterized.
7. The Department of Defense Financial Management Regulation states that
the SGLI Program is administered by the Department of Veterans Affairs.
This program automatically insures eligible members, including Ready
Reserve members who are assigned or attached to a unit or position that may
require performing active duty or active duty for training and that will be
scheduled to perform at least 12 periods of inactive duty for training
annually, against death in the amount of $250,000. The monthly deduction
is 80 cents for each $10,000 of coverage ($20.00 per month for $250,000 of
coverage). Monthly deductions are not prorated for partial months of
service. Deductions are for the full monthly premium for any month in
which a member is covered for a least one day.
8. The applicant has not submitted any documents confirming the amount of
her debt.
DISCUSSION AND CONCLUSIONS:
1. While the applicant has not submitted any evidence confirming her debt,
based on the amount she claims ($260.00), she was covered by the SGLI for
13 months. Had she died during any of the months for which she was covered
her beneficiaries would have been entitled to the insurance payment.
Whether she attended drills or not, her entitlement to the insurance
benefit would have remain in effect.
2. The applicant has also not provided any evidence that she was provided
erroneous information by her unit which would have impacted on her
entitlement to benefits under the SGLI Program.
3. The applicant benefited from the entitlements under the SGLI and as
such payment of the monthly premiums was appropriate.
4. In order to justify correction of a military record the applicant must
show, 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.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
__FE____ __LB ___ __EP ___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.
_____Fred Eichorn______
CHAIRPERSON
INDEX
|CASE ID |AR2003098252 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20040615 |
|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. |128.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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