IN THE CASE OF:	  

		BOARD DATE:	  23 July 2013

		DOCKET NUMBER:  AR20120021787 


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:

The applicant, the mother of a deceased former service member (FSM), defers her request, statement, and evidence to her counsel.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests reconsideration of the applicant's previous request to correct her son's records to show he elected full Servicemembers' Group Life Insurance (SGLI) coverage in the amount of $400,000.00.

2.  Counsel states the applicant is providing a new argument and new evidence that shows on 11 February 2009 the FSM made an election to increase his SGLI to full coverage.  

3.  Counsel provides, as new evidence, two statements of support.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110007956, on 19 October 2011.

2.  Counsel provides a new argument and new evidence which were not previously considered by the Board.  

3.  As a new argument, Counsel stated:

	a.  When the FSM completed a new SGLV 8286 on 2 February 2009, he did not enter a reduced amount of coverage on the form.  Per Army Regulation (AR) 600-8-1 (Army Casualty Programs) his SGLI amount reverted to the maximum amount of $400,000.00.  AR 600-8-1, paragraph 12-14, specifically states the maximum amount of insurance is $400,000.00.  Eligible Soldiers are automatically covered for $400,000.00 unless they elect in writing to be covered for a lesser amount, or not to be covered at all.  To prevent restoration of maximum coverage when the Soldier completes a new SGLV 8286 form, he or she must write the desired amount of insurance requested in the amount of coverage field.  If the Soldier is paying for insurance less than $400,000.00 and the amount of coverage field is left blank on the SGLV 8286, the Soldier is essentially requesting maximum coverage (emphasis added).

	b.  The instructions and cautions on the SGLV 8285 also demonstrate that the amount should be $400,000.00.  In the Amount of Insurance block the instructions state, "By law, you are automatically insured for $400,000.00.  If you want $400,000.00 of insurance, skip to Beneficiary(ies) and Payment Options.  If you want less than $400,000.00 of insurance, please check the appropriate block below and write the amount desired and your initials" (emphasis added).  Additionally, in the signature block it states, "I have read and understand the instructions on pages 2 and 3 of this form.  I also understand that this form cancels any prior beneficiary or payment instructions" (emphasis added).  This language also leaves no room for interpretation.

	c.  The advisory opinion argues that by checking the block that stated "name or update your beneficiary" on the form somehow demonstrated the FSM did not want to increase his insurance amount.  The argument is also misplaced.  The possible elections in this block are:  name or update your beneficiary; reduce the amount of your insurance coverage; and decline insurance coverage.  There is no other option to increase the amount.  This comports with the instructions on the rest of the form that requires the member to specifically decline if they do not want the automatic amount of $400,000.00.

	d.  The argument stating the FSM also had to file an SGLV 8285 does not overcome the more specific rule regarding coverage in AR 600-8-1, paragraph 12-14.  Because he was both changing the amount of his SGLI and his beneficiary, he had to file an SGLV 8286.  The instructions for the SGLV 8285 specifically state that when the service member is both electing additional coverage and changing beneficiaries, the service member uses the SGLV 8286.

	e.  The instructions for the SGLV 8285 also specifically state to use the form to apply for:  (1)  Restoration of SGLI if you previously cancelled or declined coverage.  (2)  For increasing the amount of SGLI coverage, if you have less than the maximum amount.  (3)  If you already have some SGLI, any beneficiary you named for that insurance will become the beneficiary of the additional insurance also.  If you want a different beneficiary, or you do not already have some SGLI, obtain form SGLV 8286, and file with your organization (emphasis added).

	f.  Furthermore, the Board neglected to consider AR 600-8-1, paragraph
12-10(a), which states "Following active duty, if the Soldier becomes obligated or must become obligated for duty in the Army National Guard or U.S. Army Reserve (USAR), he or she must make a new election or designation by completing a new SGLV 8286 form.  The Board neglected to mention 
AR 600-8-1, paragraph 12-21(e) which states, "A waiver or reduction of SGLI ends on discharge and immediate reenlistment (in the same or another Uniformed Service) or when discharged to accept a commission of war and appointment, with or without, a break in service.  A Soldier who has a waiver or reduction of SGLI terminated by the foregoing is automatically reinsured the $400,000.00 amount of SGLI after changing status.  At that time the Soldier must complete a new SGLV 8286.  He or she must again specify the waiver or reduction desired" (emphasis added).

	g.  The fact that the FSM intended to increase his amount to the maximum is supported by his DD Form 214 wherein it contains in item 10 the entry "$400,000.00."  He signed the DD Form 214 when it was issued.  This is the last date he verified his SGLI amount on any written document.  It shows he intended to be insured for the full amount of $400,000.00.

	h.  The Board's decision relied on the FSM's leave and earnings statement (LES) as evidence that he knew, or should have known, he was only insured for $100,000.00.  This lies outside obligations of Soldiers enumerated in AR 600-8-1, paragraph 12-21.  Under that section, the FSM did not meet the obligations of electing a reduction in coverage after his status changed because he failed to provide, in his own handwriting, a reduction or refusal of insurance.  The accounting error reflected on his LES is not controlling over the coverage he declared on his SGLV 8286.  Moreover, it is unreasonable to expect a Soldier to read the amount deducted on his LES, calculate the SGLI coverage, and detect an error.

	i.  Additionally, two Soldiers in his Reserve unit validated that he believed and intended his SGLI coverage to be $400,000.00.  Both had conversations with him upon his arrival at the 322nd Medical Company, Southfield, MI, and he told them his SGLI coverage was $400,000.00.

4.  As new evidence, Counsel provides:

	a.  An undated statement from Specialist (SPC) JAF, wherein SPC JAF stated he was a squad leader with the 322nd Medical Company at the time of the FSM's arrival to the unit.  Shortly after his arrival, they discussed his SGLI and the FSM stated he had signed up for the full amount of $400,000.00.

	b.  An undated statement from SPC LRM, wherein SPC LRM stated he was the 322nd Medical Company's chaplain's assistant.  He served with the FSM and they were also close friends.  They discussed the FSM's SGLI shortly after he arrived in the unit and he stated he signed up for the full amount of $400,000.00; he increased it in case something happened to him.  He stated very clearly that he wanted his immediate family to be taken care of.

5.  The FSM's records show he enlisted in the USAR on 1 October 2008 and he entered active duty for training (ADT) on 30 October 2008.  

6.  On 4 November 2008, the FSM completed an SGLV 8286 (SGLI Election and Certificate), wherein he elected SGLI coverage in the reduced amount of $100,000.00.  He listed his sister as beneficiary for 100 percent of his SGLI and his mother as the contingent beneficiary.  He authenticated this form by placing his initials, signature, and date in the appropriate blocks.  The last line of the amount of insurance section of this form stated, *Note:  Reduced or refused insurance can only be restored by completing form SGLV 8285 (Request for Insurance (SGLI)) with proof of good health and compliance with other requirements (emphasis added).  

7.  On 11 February 2009, he completed a new SGLV 8286 indicating a change in the beneficiary.  He elected a 50 percent share to his sister and a 25 percent share each to his mother and his father, with the 36 monthly payment option for each beneficiary.  This SGLV 8286 did not specify that he was electing to continue SGLI coverage in the reduced amount of $100,000.00.  He authenticated this form by placing his signature and date in the appropriate blocks.  There is no evidence that shows he completed an SGLV 8285 at that time.

8.  On 17 September 2009, he was honorably released from ADT to the control of his USAR unit.  

9.  Item 10 (SGLI Coverage Amount) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) the FSM was issued contains the entry "$400,000.00."  Item 18 (Remarks) of this form contains the statement, "The information contained herein is subject to computer matching within the Department of Defense (DOD) or with any other affected Federal or non-Federal agency for verification purposes and to determine eligibility for, and/or continued compliance with the requirements of a Federal benefit program."

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

11.  SGLI is a program of low cost group life insurance for service members 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 an SGLV 8286 form.  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.  

12.  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 (emphasis added).  SGLI is in effect throughout the period of full-time active duty or ADT.  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 ADT 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.

13.  AR 600-8-1, 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 $50,000.00.  

	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 (emphasis added).
   
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends 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 confirms that in November 2008, when the FSM completed his initial SGLV 8286, he elected SGLI coverage in the reduced amount of $100,000.00 and named his sister as beneficiary.  On 11 February 2009, he completed a new SGLV 8286 changing his beneficiaries to include his mother and father.  There is no evidence that shows at that time he completed the required SGLV 8285 to restore his coverage to $400,000.00.

3.  As noted by Counsel, the instructions for the SGLV 8285 state the form is used for "increasing the amount of SGLI coverage, if you have less than the maximum amount."  In addition, the SGLV 8286 clearly informs members that reduced or refused insurance can only be restored by completing an SGLV 8285 with proof of good health.  

4.  While the 11 February 2009 SGLV 8286 form may appear to constitute an election of increased coverage, that election, even if reflective of the FSM's intent, is insufficient in itself to increase the SGLI coverage amount.  An increase in coverage required completion of an SGLV 8285, proof of good health, and it was subject to approval.  In addition, statements by two of the FSM's unit members that he stated he had $400,000.00 in SGLI coverage does not negate the requirement to complete the SGLV 8285 and provide proof of good health.

5.  Counsel's contention that a waiver/reduction of SGLI ends on discharge [from the Army] and immediate reenlistment in another Uniformed Service and a Soldier who has a waiver/reduction of SGLI terminated by the foregoing is automatically reinsured the $400,000.00 amount of SGLI after changing status is without merit.  This did not apply to the FSM as he was not discharged from the Regular Army and his enlistment status did not change.  He was already a member of the USAR when he entered active duty for training; he was subsequently released from active duty to the control of his USAR unit.

6.  Although the FSM's DD Form 214 contained an entry that showed SGLI coverage was in the amount of $400,000.00, this entry does not constitute verification that this was the amount of coverage maintained by the FSM.  The DD Form 214 also stated the information on the form was subject to computer matching within the DOD and other Federal agencies for verification purposes and to determine eligibility for/or continued compliance with the requirements of a Federal benefit program.  

7.  It is regrettable that the 11 February 2009 SGLV 8286 was not properly completed; however, the weight of the evidence supports the contention that the FSM initially elected and subsequently maintained an SGLI election of reduced coverage in the amount of $100,000.00.

8.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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 to amend the decision of the ABCMR set forth in Docket Number AR20110007956, dated 19 October 2011.



      _______ _   _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)                                         AR20120021787



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ABCMR Record of Proceedings (cont)                                         AR20120021787



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