RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 23 August 2005
DOCKET NUMBER: AR20050000143
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 |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Ms. Kathleen A. Newman | |Chairperson |
| |Mr. William D. Powers | |Member |
| |Ms. Marla J. Troup | |Member |
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 her records be corrected to show she
declined the Family Servicemember's Group Life Insurance (FSGLI) coverage
and she be refunded all premiums paid (totaling $335.00).
2. The applicant states she had never heard of FSGLI until deductions
showed up on her April 2004 leave and earnings statement. She understands
now it was an automatic enrollment unless a servicemember declined it in
September 2001; however, she questions how she could have declined a
program she was not even aware of. If a deduction had been taken in
September 2001, she would have questioned it and declined FSGLI coverage.
She is not sure why her unit was not briefed on the program but the time
period coincides with a time she deployed with her battalion to Egypt.
3. The applicant provides her retirement orders; her DD Form 214
(Certificate of Release or Discharge from Active Duty); and Military
Personnel (MILPER) Message Number 02-003, Subject: Implementation Guidance
for Family Coverage under Servicemenber's Group Life Insurance (SGLI).
CONSIDERATION OF EVIDENCE:
1. After having had prior enlisted service, the applicant was appointed a
warrant officer and entered active duty on 7 June 1995. She was married to
another servicemember, who retired in December 2003. She retired on 1
April 2004.
2. The Defense Finance and Accounting Service (DFAS) confirmed the
applicant was in Egypt from September through December 2001.
3. DFAS also confirmed that, for a member who is married to a military
spouse, premiums for FSGLI are not deducted until [one of] the members
retires or separates. Then, the other member pays the premiums back to
"that date" for the automatic $100,000.
4. MILPER Message Number 02-003 provided updated guidance on
implementation of family coverage under the SGLI. The Veteran's
Opportunities Act of 2001 extended life insurance coverage to spouses and
children of Soldiers insured under the SGLI effective 1 November 2001. The
new family coverage is automatic. Soldiers do not have to apply for the
insurance. The insurance is
available for the spouses and children of all active duty Soldiers and
applicable Reserve Soldiers of the Ready Reserve (Reservists currently
eligible for full-time SGLI).
5. The Department of Veteran's Affairs approved an extension to the grace
period for Soldiers requesting to decline or reduce family coverage to
31 December 2001. DFAS would refund premiums collected for the
months of November and December 2001 for those Soldiers who elected to
decline/reduce coverage prior to 31 December 2001.
DISCUSSION AND CONCLUSIONS:
1. The applicant provides a reasonable explanation of why she does not
remember being briefed on the FSGLI and therefore why she did not decline
the FSGLI – she was deployed to Egypt during the entire period the FSGLI
came into effect and during the grace period to opt out of the program.
2. The applicant never paid FSGLI premiums initially because her spouse
was also a military member. He retired in December 2003, at which time the
applicant became liable for FSGLI premiums and which were finally deducted
from her April 2004 pay.
3. It would be equitable to correct the applicant's records to show she
declined FSGLI coverage on 15 November 2001 and that her request was
processed in a timely manner.
BOARD VOTE:
__kan___ __wdp___ __mjt___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing she declined FSGLI coverage on 15 November 2001 and that her
request was processed in a timely manner.
__Kathleen A. Newman__
CHAIRPERSON
INDEX
|CASE ID |AR20050000143 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050823 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |128.10 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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