IN THE CASE OF:	

		BOARD DATE:	  12 March 2009

		DOCKET NUMBER:  AR20080017538 


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, in effect, reimbursement of $4,500.00 that was deducted from her severance check due to a Servicemen's Group Life Insurance (SGLI) debt. 

2.  The applicant states, in effect, that in 2006 she was prevented from attending drill due to a back condition and was unable to pay her SGLI premiums.  “Supposedly the unit would had to put me in any pay status, i.e. ADME (administrative), INCAP PAY (incapacitated pay), or drill status.”  Finally about $4,500.00 was deducted from her severance pay check of $8,245.00.  She further states that she was prevented from receiving drill pay and SGLI premiums were unjustly deducted from her check.

3.  In support of her application, the applicant provides copies of her Physical Evaluation Board (PEB) Proceedings, Physical Disability Separation memorandum, discharge orders, Reserve Component Automation System (Retirement Points Accounting Management (RPAM)) Report, and Army National Guard (ARNG) Retirement Points History Statement. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show she enlisted in the Puerto Rico ARNG (PRARNG), in pay grade E-4, on 4 November 1998, for 8 years.


2.  The applicant was ordered to active duty for training and entered on 15 July 1999.  She was released from active duty for training on 17 December 1999.

3.  On 8 September 2003, the applicant completed a SGLI Family Coverage Election and elected no SGLI coverage for her spouse.  Her records do not contain her original SGLI Election and Certificate.  

4.  On 1 July 2004, the applicant completed an SGLI Election and Certificate updating her beneficiaries designated to receive payments of her insurance proceeds.

5.  On 20 November 2007, a formal PEB convened and considered the applicant's disability of low back pain, with subjective right lower extremity radicular pain, without neurologic abnormality.  The PEB determined that the applicant sustained a back injury in basic training in 1999 and left active duty on 17 December 1999.  The PEB found that her medical and physical impairment prevented reasonable performance of duties required by her grade and military specialty.  The PEB found the applicant physically unfit with a combined rating of 20 percent and recommended separation with severance pay.

6.  On 3 January 2008, the U.S. Army Physical Disability Agency (USAPDA) concluded the applicant's case was properly adjudicated by the PEB and affirmed the findings and recommendation of the PEB.  

7.  On 3 January 2008, the USAPDA issued orders separating the applicant from the ARNG on 7 February 2008, with disability severance pay and a disability rating of 20 percent.

8.  The applicant was discharged from the PRARNG on 7 February 2008.

9.  On 5 March 2008, the PRARNG issued orders authorizing the applicant severance pay estimated at $8,248.00.  

10.  The applicant submits a copy of her ARNG Retirement Points History Statement, dated 10 October 2008.  This statement shows she earned an average of 54 qualifying points per year each year since 18 December 1999.  The applicant 
highlighted the portion of the statement that shows she was credited with 20 individual duty for training (IDT) points and 15 membership points from 4 November 2005 through 3 November 2006, zero IDT points and 15 membership points from 4 November 2006 through 3 November 2007, and zero IDT points and 4 active duty points from 4 November 2007 through 7 February 2008.


11.  On 4 March 2009, a staff member of the Entitlements and Benefits Branch, Human Resources Command (HRC), St. Louis, Missouri, verified that SGLI coverage for the applicant's spouse was terminated in September 2003 and there was no record of reinstatement.  The HRC official also verified that the amount that would have been collected for spousal coverage based on her husband's age at the time in 2006 (49 years old) would have been $14.00 per month and $168.00 annually.  The total amount that would have been collected for the applicant for the period January 2006 through January 2007 was $336.00, to include the rate change (effective 21 July 2006) from $27.00 to $29.00 monthly.  Therefore, the total amount that would have been due for her SGLI premiums would have only been $336.00 annually or $504.00 annually had the coverage for her spouse not been terminated.

12.  On 4 March 2009, a staff member of the Defense Finance and Accounting Service (DFAS), Military Pay Operations, Indianapolis, Indiana, verified that there was no collection action pending against the applicant and that she was paid $8,134.00 in severance pay in March 2008.  The DFAS official also stated that in most cases DFAS does not institute collection from disability pay, as a debt will be established with DFAS instead.  

13.  The SGLI Handbook specifies that the cost of SGLI is shared by the member and the Government.  The member pays the normal cost of the insurance (the premium) and the Government pays the cost of all death claims in excess of the level of death claim which would result from normal peacetime service in the uniformed services.  For all members entitled to SGLI coverage, the necessary amount will be deducted from the member's service pay or otherwise collected from the member by the uniformed service.  The monthly contribution by members on active duty and members of the Ready Reserve and ARNG will be $28.00 for $400,000 of coverage and .07 cents per $10,000 for lesser amounts.  Title 38 of the United States Code, section 1969, requires the uniformed services to remit amounts equal to the deduction which should have been made for members who are provided full-time or part-time coverage and who are not receiving pay.  The Department of Defense is responsible for seeking reimbursement from the member for the cost of the coverage provided to those not receiving pay.  No withholdings or deductions will be made for SGLI from terminal leave or separation pay for any period the insurance remains in force following separation or release from active duty. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant made an election to terminate SGLI coverage for her spouse in September 2003.  On 20 November 

2007, she was found physically unfit and recommended for separation with a disability rating of 20 percent with severance pay.  She was separated from the PRARNG on 7 February 2008.

2.  The applicant contends, in effect, that $4,500.00 was deducted from her severance check for SGLI premiums due when she was in a non-pay status in 2006. The applicant requested reimburse of $4,500.00 because she alleges it is in error.  With respect to her claim, there is no evidence in the record and the applicant did not provide any substantiating evidence that shows there is a debt for $4,500.00 or that this amount was deducted from her severance pay.  The Board has been advised that the amount the applicant would have owed for the year 2006 would have been significantly less than the amount claimed and that there is no record that she owed premiums for the year.  The Board was also advised that a debt had not been established with DFAS for repayment of SGLI premiums from the applicant.  Therefore, she is not entitled to reimbursement of $4,500.00 or any amount.

3.  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 did not submit any evidence that would satisfy this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ____x___  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.




      _______ _   _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)                                         AR20080017538



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1


ABCMR Record of Proceedings (cont)                                         AR20080017538


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1