IN THE CASE OF:
BOARD DATE: 29 March 2012
DOCKET NUMBER: AR20110019635
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 premiums paid for the Servicemembers' Group Life Insurance (SGLI) program.
2. The applicant states she elected to decline SGLI coverage on 15 June 2008, but the premiums continued to be collected.
3. The applicant provides:
* SGLV 8266 (SGLI Election and Certificate)
* Email exchange
* Multiple Leave and Earnings Statements (LES)
CONSIDERATION OF EVIDENCE:
1. Having had prior service in the Regular Army, the Army National Guard (ARNG), and the U.S. Army Reserve (USAR), the applicant enlisted in the Louisiana ARNG (LAARNG) on 29 September 2003.
2. She entered active duty on 22 May 2004 and she was honorably released from active duty on 30 September 2005.
3. On 27 December 2006, the LAARNG issued her a Notification of Eligibility for Retired Pay at Age 60 (20-year letter).
4. She submitted an SGLV 8286, dated 15 June 2008, wherein she elected to decline SGLI coverage. However, there is no indication this form was authenticated or received by any authorizing officials.
5. She was honorably discharged from the LAARNG on 3 April 2009 and she was transferred to the USAR Control Group (Retired).
6. Her official record contains an SGLV 8286, dated 11 April 2010, wherein she declined SGLI coverage. Following a handwritten entry that reads "I do not want insurance at this time" is a follow-on handwritten entry that reads "See form completed 15 June 2008."
7. Orders 11-130-00044, issued by Headquarters, U.S. Army Reserve Command, Fort McPherson, GA, dated 10 May 2011, transferred the applicant to the Retired Reserve, effective 31 May 2011.
8. She provides multiple LESs throughout the period in question that essentially show, where applicable, SGLI premiums were deducted from her pay.
9. SGLI is a program of low cost group life insurance for servicemembers on active duty, Ready Reservists, members of the National Guard, other selected members, and cadets and midshipmen of the four service academies. For military personnel, SGLI is recorded on SGLV 8286. The SGLI program is a Department of Veterans Affairs program and is paid upon death. 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, and is subject to the provisions of that title and its amendments, and Title 38 of the 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 Title 10, U.S. Code, section 1223.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided a completed SGLV 8286, dated 15 June 2008, wherein she elected to decline coverage. However, there is no indication this form was received by her military personnel officer or servicing finance office since the "Received by" (rank, title, or grade; organization; date received) section of this form is blank.
2. Nevertheless, she completed a second SGLV 8286, dated 11 April 2010 and she again elected to decline coverage. She also annotated this form by entering a hand-written entry referring to the previous form she completed on 15 June 2008.
3. It is reasonable to believe that her intent all along was to decline SGLI coverage. Therefore, her records should be corrected to show her 15 June 2008 SGLV 8286 was timely received and processed by the servicing finance office and that she should be reimbursed any premiums already deducted from her pay account.
BOARD VOTE:
____X___ ___X___ ___X____ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. showing the SGLV 8286, dated 15 June 2008, was timely received and processed by the appropriate DFAS office, and
b. reimbursing the applicant any SGLI premiums she paid, retroactive to 15 June 2008, the date she initially elected to decline coverage.
_______ _ 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) AR20110019635
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ABCMR Record of Proceedings (cont) AR20110019635
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