RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 November 2006
      DOCKET NUMBER:  AR20060004273


      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             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. Robert W. Soniak              |     |Member               |
|     |Mr. David W. Tucker               |     |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, in effect, that Item 10 (SGLI Coverage) of his
DD Form 214 (Certificate of Release or Discharge from Active Duty), with an
effective date of 28 September 2002, be corrected to show the amount of
“$250,000.00."

2.  The applicant states, in effect, that SGLI coverage increased from
$200,000.00 to $250,000.00 while he was serving on active duty in the Army.
He also states that he elected the increased coverage and paid the premiums
for the increased coverage; however his DD Form 214 does not show the
increased coverage amount.  He further states, in effect, that he requests
correction of Item 10 of his DD Form 214 so that he can provide evidence of
his eligibility for additional VGLI coverage.

3.  The applicant provides a copy of his Defense Finance and Accounting
Service (DFAS) Leave and Earnings Statement (LES) covering the period 1 -
31 July 2002.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 September 2002, the date of his discharge from the Army.
The application submitted in this case is dated 11 March 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military service records show that he enlisted in the
Regular Army for a period of 3 years and entered active duty on 29
September 1999. Upon completion of basic combat training and advanced
individual training, the applicant was awarded military occupational
specialty 12B (Combat Engineer).  He was honorably discharged from the U.S.
Army on 28 September 2002 based upon medical disability after serving on
active duty for a total of 3 years.
4.  The applicant's DD Form 214, issued at the time of his separation,
shows in Item 10 (SGLI Coverage - Amount) the entry "$200,000.00."

5.  The applicant's military records contain a copy of SGLV (Form) 8286-E
(Servicemembers' Group Life Insurance Election and Certificate), dated
27 November 2001.  The "Amount of Insurance" section of this document
shows, in pertinent part, that the applicant indicated with an "X" that he
wanted coverage in the amount of $250,000.00 and that he placed his
initials on the document representing his verification of the amount of
SGLI coverage.  This document shows that the applicant signed the SGLI
Election and Certificate on
27 November 2001 and that it was witnessed and received by a representative
of the U.S. Army on 27 November 2001.

6.  In support of his application, the applicant provides a copy of his
DFAS LES for the period 1 - 31 July 2002.  This document shows that, at
that time, the applicant had a deduction of $20.00 for SGLI coverage of
$250,000.00.

7.  The SGLI Program was created by Public Law 89-214 and became effective
29 September 1965.  SGLI is a program that offers term life insurance
automatically to members of the uniformed services, unless declined.  SGLI
terminates 120 days after separation, discharge, or retirement from the
military.

8.  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 $250,000.00.  The monthly
deduction is 80 cents for each $10,000.00 of coverage ($20.00 per month for
$250,000.00 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 at least one day.

9.  The Veterans Group Life Insurance (VGLI) Program was created by Public
Law 93-289 and became effective 12 August 1974.  VGLI is a program of post-
separation insurance, which provides for the conversion of SGLI to 5-year
renewable term coverage.  The timeframe for enrolling in VGLI is set by
regulation and application may be made within 120 days of separation
without proof of good health, or within one year and 120 days of separation
with proof of good health.  VGLI coverage is issued in multiples of
$10,000.  However, a servicemember's VGLI coverage amount cannot exceed the
amount of SGLI they had in force at the time of separation from service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that Item 10 (SGLI Coverage) of his
DD Form 214 should be corrected to show that the amount of his SGLI
coverage was “$250,000.00" so that he may provide evidence of his
eligibility for additional VGLI coverage.

2.  The evidence of record shows that on 27 November 2001 the applicant
elected SGLI coverage in the amount of $250,000.00.  The evidence of record
also shows that a premium for SGLI for $250,000.00 of insurance coverage
was deducted from his pay in July 2002.  There is no evidence of record
that shows the applicant terminated or decreased the amount of his SGLI
coverage subsequent to 31 July 2002 and/or prior to his discharge from the
U.S. Army on 28 September 2002.  Therefore, in the absence of documentary
evidence in the applicant's military service records to the contrary; the
applicant is entitled to correction of Item 10 of his DD Form 214 to show
SGLI coverage in the amount of $250,000.00.

3.  The Board notes that the applicant was discharged on 28 September 2002.
 Therefore, his eligibility to apply for VGLI without proof of good health
expired on 26 January 2003, but he remained eligible to apply for VGLI with
proof of good health for an additional year, until 26 January 2004.
However, the applicant provides no evidence or indication that he applied
for and/or obtained VGLI coverage within the period of his eligibility for
VGLI.  The Board assumes the applicant has already obtained VGLI coverage
and seeks correction of the record in order to demonstrate his eligibility
for increased VGLI coverage.  Therefore, the Board advises the applicant
that this correction to Item 10 of his DD Form 214 will have no impact on
the period of his eligibility regarding the timeframe for enrolling in VGLI
set by regulation.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 September 2002; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
27 September 2005.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence, it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

___JCR__  ___RWS_  ___DWT  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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing the following correction to
the applicant's
DD Form 214, Item 10 (SGLI Coverage) - Amount:  Delete:  "200,000.00" and
Add:  "250,000.00".




                                 __Jeffrey C. Redmann___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004273                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061116                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20020928                                |
|DISCHARGE AUTHORITY     |AR 635-40, Paragraph 4-24b(3)           |
|DISCHARGE REASON        |Disability, Severance Pay               |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0000.0000                           |
|2.                      |128.1800.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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