BOARD DATE:	  19 October 2011

		DOCKET NUMBER:  AR20110007956 


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 the records of her deceased son, a former service member (FSM), to show that he elected the full coverage amount of $400,000.00 of Servicemembers’ Group Life Insurance (SGLI).

2.  The applicant states that her son made this new election on 11 February 2009.  Fifty percent was to go to his sister and 25 percent each to both parents.  

3.  The applicant provides the FSM’s:

* DD Form 93 (Record of Emergency Data), dated 4 November 2008
* SGLVs 8286 (SGLI Election and Certificate), dated 4 November 2008 and 11 February 2009
* Certificate of Death
* Letter from the FSM’s father

CONSIDERATION OF EVIDENCE:

1.  The FSM's records show he enlisted in the U.S. Army Reserve on 1 October 2008 and he entered active duty on 30 October 2008.

2.  On 4 November 2008, the FSM completed a DD Form 93, indicating that he was single and listed his mother as the beneficiary for 100 percent of his unpaid pay and allowances and his father as the beneficiary for 100 percent of the death gratuity.
3.  On the same date, the FSM completed an SGLV 8286 wherein he elected SGLI coverage in the amount of $100,000.00.  He listed his mother and sister as beneficiary to each share 100 percent.  He authenticated this form by placing his initials, signature, and date in the appropriate blocks.  

4.  On 11 February 2009, the FSM completed a second SGLV 8286 indicating a change in the beneficiary.  He elected a 50 percent share to his sister, 25 percent share to his mother, and 25 percent share to his father, each with the 36 monthly payment option.  The Amount of Insurance section, last line, states, “Note:  Reduced or refused insurance can only be restored by completing form SGLV 8285 with proof of good health and compliance with other requirements….”  He authenticated this form by placing his signature and date in the appropriate blocks.  

5.  The FSM was honorably released from active duty on 17 September 2009 and he was transferred to a Reserve unit.

6.  A Report of Casualty, dated 4 February 2011, shows the FSM died on 12 October 2010, as a result of acute bronchial asthma.

7.  In a letter, dated 8 April 2011, the FSM’s father stated:

	a.  on 12 October 2010, his wife and he experienced the most difficult pain that parents could ever experience.  Their son, an Army Reservist, was preparing for his physical training test that was to be done on the November weekend drill. While running, their son collapsed and died.  Because he was alone, no one saw him until it was too late.  That was difficult because their son was healthy, with no known medical problems.

	b. on 14 October 2010, two members from his son’s unit came to their house.  On that visit they brought his signed SGLV 8286 form and told them that their son had elected the full $400,000.00 insurance.  That form was dated 11 February 2009.  It was completed while he was stationed at Fort Sam Houston, TX.

	c.  on 4 March 2011, they received paperwork from Prudential which stated that their son had elected $100,000.00 of insurance.  Apparently when the FSM signed his paperwork the individual responsible for updating the records did not make the appropriate entries.  It also seems possible that the same error was made at his reserve center.   

	d.  the FSM had said that the Army would take care of him.  Growing up in a military family could have been the reason the FSM probably felt that way because they also took care of him.  There were other things that happened at Fort Sam Houston that they are still upset about.  Hopefully, that will get corrected and not leave them with another bad impression of the Army.  

8.  In an advisory opinion, dated 1 July 2011, the Director, Casualty and Mortuary Affairs Operations Center, Army Human Resources Command, stated that after a thorough administrative review of all available copies of the SGLI 8286 and the Leave and Earnings Statements (LES) for the FSM, his staff and he had certified that the valid SGLI coverage for the FSM was for the amount of $100,000.00.  The HRC official also stated:

	a.  the SGLV 8286 completed and signed by the FSM on 11 February 2009 did not automatically raise his coverage amount to $400,000.00.  Rather, that SGLV 8286 only updated his beneficiaries as indicated by the annotation in the top left corner of the form.  Had the FSM wanted to increase his coverage amount, he would have been required to complete a Request for Insurance, SGLV 8285.

	b.  the SGLI coverage of $100,000.00 was further validated by the LES’s for the FSM as they verified that only $7.50 was deducted from his standard pay which was consistent with $100,000.00 worth of coverage.  

	c.  on the FSM's SGLV 8286, dated 4 November 2008, he validated the form using his initials and the date of 6 July 2009.  Traditionally, that act had been interpreted as the validation of the coverage amount.  Since the SGLV 8286 completed and signed by the FSM on 11 February 2009 did not serve to increase his coverage amount, but only to update his beneficiaries, the $100,000.00 of SGLI coverage remained in effect.

9.  The advisory opinion was forwarded to the applicant for acknowledgement and/or rebuttal on 21 July 2011.  In her response, dated 19 August 2011, she stated that she and her husband had learned additional information and requested the case remain open.

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 Officers' Training Corps.  For military personnel, SGLI is recorded on SGLV Form 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, U.S. Code (USC), 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 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, USC.  SGLI coverage continues for 120 days following separation or release.

11.  Army Regulation 600-8-1 (Army Casualty Programs), paragraph 12-3(d), states that as of 1 September 2005, all Soldiers are automatically insured under SGLI for the maximum $400,000.00 amount of coverage, unless they elected in writing to be covered for a lesser amount, or not to be covered at all.  They may purchase less amounts in increments of $50,000.  

	a.  Paragraph 12-19 states that to change a beneficiary, the Soldier must complete a new SGLV 8286.

   b.  Paragraph 12-22 states when a Soldier who waived the right to be insured under SGLI or elected reduced insurance coverage now wants to obtain coverage or increase the amount, the Soldier must apply, in writing, by completing an SGLV 8285.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her late son’s records should be corrected to show he updated his SGLV 8286 to increase the coverage amount to $400,000.00.  

2.  The evidence of records shows when the FSM completed his initial SGLV 8286 in November 2008 he elected SGLV coverage in the amount of $100,000.00 and named his sister and mother as beneficiaries.  On 11 February 2009, he completed another SGLV 8286 changing his beneficiaries to include his father.  This form clearly informs members that reduced or refused insurance can only be restored by completing an SGLV 8285 with proof of good health and compliance with other requirements, and there is no evidence to show he completed an SGLV 8285.  

3.  The Casualty and Mortuary Affairs office verified that SGLV coverage of $100,000.00 was further validated by the FSM’s LES which showed the amount being deducted from his standard pay was consistent with $100,000.00 worth of coverage.  Furthermore, there is no evidence that the FSM changed his coverage amount before his untimely death.  Therefore, the $100,000.00 coverage elected on 4 November 2008 remained in effect.

4.  Therefore, despite the tragic event endured by the applicant and her family, there is insufficient evidence to grant her the requested relief in this case.

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)                                         AR20110007956





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ABCMR Record of Proceedings (cont)                                         AR20110007956



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