BOARD DATE:	  9 December 2010

		DOCKET NUMBER:  AR20100013654 


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, correction of the SGLV 8286 (Servicemembers' Group Life Insurance (SGLI) Election and Certificate) of her deceased son a former service member (FSM) to show he designated her as the beneficiary vice his former spouse. 

2.  She states at the time the FSM filled out his SGLV 8286 he and his wife were undergoing a divorce.  She adds that during the FSM's mobilization the clerk at the Soldier Readiness Preparation site compelled him to name his estranged wife as the primary beneficiary.  She offers during the FSM's deployment, he was killed in action.  She states at the time of his death, his former wife had remarried and despite their family's objections, the SGLI benefits were paid to the former wife.  The applicant opines the FSM would not have named his former wife as beneficiary if he could have chosen any beneficiary.  She concludes the relief is appropriate because the funds should be used to provide for the FSM's sons' health, education, maintenance, and support, rather than be spent at the discretion of the former wife. 

3.  She provides the following:

* DA Forms 2823 (Sworn Statement), dated 22 March 2010 and 
20 April 2010
* DD Form 1300 (Report of Casualty), dated 23 May 2006
* DD Form 2064 (Certificate of Death (Overseas)), dated 27 October 2005
* 17 December 2002 DD Form 214 (Certificate of Release or Discharge from Active Duty)
* SGLV 8286, dated 21 May 1999, 11 May 2001, 4 June 2001, and           15 December 2004 
* DD Form 93/DD Form 93-E (Record of Emergency Data) dated, 21 May 1999, 13 December 1999, 4 June 2001, and 20 December 2004
* Letter from Office of SGLI, dated 15 November 2005

CONSIDERATION OF EVIDENCE:

1.  The FSM enlisted in the Regular Army on 18 May 1999.  He was credited with 3 years and 7 months of active service and he was honorably released from active duty on 17 December 2002.  His records show he had a Reserve obligation termination date of 25 April 2007.  

2.  There is no marriage certificate in the FSM's record that shows when he and his former wife were married or a copy of their divorce decree.  

3.  The SGLV 8286s, dated 21 May 1999, 11 May 2001, and 4 June 2001, during the FSM's active duty service, list the applicant and the FSM's father as the principal beneficiaries.  His DD Forms 93, dated 21 May 1999, 13 December 1999, and 4 June 2001 show the applicant and the FSM's father were also designated as beneficiaries of the FSM's death gratuity benefits.  However, the forms dated 13 December 1999 and 4 June 2001 show the applicant was married with one child.  Additionally, the 13 December 1999 DD Form 93-E shows the FSM's spouse was designated as the beneficiary for the FSM's unpaid pay and allowances and the allotment designee if the FSM was in a missing status.  The FSM signed the SGLV 8286 forms with the statement of "I have read and understand the instructions on pages 2 and 3 of this form.  I also understand, in pertinent part, that:

* This form cancels any prior beneficiary or payment instructions
* The proceeds will be paid to beneficiaries as stated in #6 on page 3 of this form, unless otherwise stated above
* If I have legal questions about this form, I may consult with a military attorney at no expense to me

4.  The instructions for completing the SGLV 8286 form on pages 2 and 3 states "A new SGLV 8286 must be completed to change a beneficiary.  You may name anyone as beneficiary without his/her consent."

5.  Orders M-11-406202, dated 12 November 2004, show the applicant was ordered to active duty in support of Operation Iraqi Freedom (OIF).  His report date was listed as no later than 14 December 2004.

6.  On 15 December 2004, the applicant completed SGLV 8286 designating his wife as beneficiary.  His DD Form 93, dated 20 December 2004, shows she was also listed as the FSM's spouse and beneficiary for his death gratuity and his unpaid pay and allowances.

7.  The Report of Casualty shows the FSM's status was listed as deceased, effective 26 October 2005, due to hostile action during the War on Terrorism/OIF. The FSM's Certificate of Death, dated 27 October 2005, verifies the same information.  Additionally, this form shows the FSM's marital status as "divorced" and lists the applicant as his next of kin.

8.  On 15 November 2005, a Claim Examiner, Office of SGLI, responded to the applicant's letter regarding her protest of death benefits payable under the FSM's SGLI.  The claim examiner stated the applicant lodged a protest against the FSM's former wife and challenged her entitlement to receiving the SGLI proceeds.  He said the applicant alleged the FSM was forced to designate his spouse as beneficiary.  He said the selection of a beneficiary was a matter of free election for the insured, and the insured should never be forced to designate otherwise.  The examiner stated in light of her disagreement, they extended 
30 days from the date of the letter to afford her the opportunity to take whatever actions she deemed necessary to protect her interest.  He noted that the Office of SGLI would pay the claim in accordance with the most recent valid beneficiary designation on file unless they were legally restrained.

9.  The applicant provided two sworn statements from two of the FSM's comrades that recalled the FSM stating he was required to list his estranged wife as his beneficiary on his SGLI.  Both authors insisted the FSM's intent was to make the applicant his beneficiary.  However, they said circumstances such as combat patrols took precedence over him taking the time to make the changes.

10.  SGLI is a program of low cost group life insurance for servicemembers on active duty, Ready Reservists, members of the National Guard, members of the Commissioned Corps of the National Oceanic and Atmospheric Administration and the Public Health Service, cadets and midshipmen of the four service academies, and members of the Reserve Officer Training Corps.  For military personnel, SGLI is recorded on SGLV 8286.  The SGLI program is a Department of Veterans Affairs program.  Only certain portions of the program, such as preparing the SGLV 8286 and collecting premiums are administered by the military services.  This insurance is granted under the SGLI provisions of Title 38, United States Code, and is subject to the provisions of that title and its amendments, and Title 38 Code of Federal Regulations.  The SGLV form must be correctly completed, signed and received by the respective Service before death in order for the designation on the form to be valid.  SGLI is in effect throughout the period of full-time active duty or active duty for training.  Coverage is also in effect on a full-time basis for reservists who are assigned to a unit or position in which they may be required to perform active duty or active duty for training and each year will be scheduled to perform at least 12 periods of inactive duty training that is creditable for retirement purposes under Chapter 1223 of Title 10, United States Code.  SGLI coverage continues for 120 days following separation or release.

11.  When naming a beneficiary, a new SGLV 8286 must be completed to change a beneficiary.  A Soldier may name anyone as beneficiary without his/her consent.  The Servicemembers' and Veterans' Group Life Insurance Handbook states in paragraph 6.02d, that SGLI and VGLI are federal programs and operated under federal law.  Under federal law, the insured has the absolute right to name and change the beneficiary at any time without the knowledge or consent of a prior beneficiary.  However, effective 1 September 2005, a Soldier’s spouse must be notified if the Soldier elects to reduce coverage or to name a beneficiary other than a spouse.  If the beneficiary is a married woman, the woman’s given first and middle names are used.  A named beneficiary will NOT be changed automatically by any event occurring after completing this form (e.g. marriage, divorce, etc.).  The beneficiary cannot be changed by, and is not affected by, any other documents such as a divorce decree or will.  When naming more than four principal or contingent beneficiaries, the additional beneficiaries are listed on the Beneficiary Continuation Form.  The block under the principal or contingent blocks on page 2 must be checked, indicating that a Soldier has done so.  The Beneficiary Continuation Form (page 5) should then be attached to page 2 of the 8286.  When naming minor children as beneficiaries, the insurance will be paid to the court-appointed guardian of the children's estate. 

12.  Army Regulation 600-8-1 (Army Casualty Operations/Assistance/Insurance) states, in paragraph 11-29g, that the designation of all SGLI beneficiaries will remain in effect until properly changed by the Soldier or until the SGLI is automatically canceled or terminated.

13.  Army Regulation 600-8-1, paragraph 11-33 states the SGLV 8286 will be reviewed and updated any time there is a change or during any records audit.  A new SGLV 8286 is not required when the only change is the Soldier's unit of assignment.  If no update is required during any records audit, the Soldier will initial and enter the date in pencil, on the bottom right margin of the form.





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the FSM's records should be corrected to show she is the designated beneficiary to receive payment of insurance proceeds from his SGLV 8286 vice his former spouse.

2.  It is unknown when the FSM and his spouse divorced; however, the available evidence shows the FSM completed a SGLV 8286 on 15 December 2004 listing his "spouse" as his beneficiary.  Regardless of whether or not the FSM and his spouse were going through a divorce the evidence shows he signed this form and acknowledged he understood "he may name anyone as beneficiary without his/her consent."  

3.  Additionally, the FSM had previously completed the SGLV 8286 form on at least four separate occasions, as evidenced by the forms submitted by the applicant.  Therefore, he should have been aware of his rights to name anyone he chose as his beneficiary and/or seek legal guidance if he was denied that right.  Therefore, the two sworn statements provided by the applicant from the FSM's comrades recalling him stating he was required to list his estranged wife as his beneficiary on his SGLI are not sufficient compelling evidence to substantiate her claim.

4.  With respect to the applicant's claim to SGLI, there is no evidence and the applicant did not provide any substantiating evidence that shows she was named as the beneficiary in case of the FSM's death.  In the absence of an SGLV form dated after 15 December 2004 it is presumed that the SGLI benefit was correctly paid to the beneficiary designated on the FSM's most recent valid beneficiary designation on file.

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)                                         AR20100013654



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ABCMR Record of Proceedings (cont)                                         AR20100013654



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