IN THE CASE OF:
BOARD DATE: 7 August 2008
DOCKET NUMBER: AR20080005014
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his military records to show that he declined Servicemembers Group Life Insurance (SGLI) and to refund his payments for the period from 1996 to 2004.
2. The applicant states that he requested to decline SGLI
3. The applicant provides copies of his SGLI Election and Certificate (SGLV 8286) dated 21 June 1997 and 12 December 1998.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 30 June 1969, the applicant enlisted in the Regular Army. He served through a series of reenlistments and was discharged on 10 October 1988. He had attained the rank of staff sergeant, pay grade E-6, and had completed
19 years, 3 months, and 10 days of creditable active duty.
3. The applicants Chronological Statement of Retirement Points shows that he served in the Army National Guard during the period from 18 December 1996 to 17 December 1997.
4. On 21 June 1997, the applicant completed an SGLV 8286 declining SGLI coverage. This form was witnessed by his unit administrative specialist. On the line where the applicant indicated his election, he wrote his name on the line where he was supposed to have stated that he did not want insurance at that time.
5. The applicants Chronological Statement of Retirement Points shows that he served in the United States Army Reserve during the period from 18 December 1997 to 30 August 2004.
6. On 12 December 1998, the applicant completed an SGLV 8286 declining SGLI coverage. On this form the applicant clearly wrote that he did not want insurance at that time.
7. Records at the United States Army Reserve Pay Records Center show that the applicant declined SGLI coverage on 12 December 1998 and that deductions from his pay should have stopped effective January 1999.
DISCUSSION AND CONCLUSIONS:
1. The evidence submitted by the applicant shows that he did not want SGLI coverage. The SGLV 8286 submitted by the applicant on 21 June 1997 was not properly completed. Therefore, his SGLI was continued.
2. The evidence of record clearly shows that the applicant properly requested to decline SGLI coverage on 12 December 1998.
3. In view of the above, the applicants records should be corrected to show the applicants declination of SGLI coverage. Furthermore, he should be refunded all deductions from his military pay for SGLI during the period from January 1999 until his discharge on 30 August 2004.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ___X____ ___X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. showing that he declined SGLI coverage effective 12 December 1998; and
b. auditing his pay records and refunding any deductions made for SGLI coverage during the period from 1 January 1999 to his discharge on 30 August 2004.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to refunding any deductions made for SGLI coverage prior to January 1999.
___________X____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080005014
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