IN THE CASE OF:	  

		BOARD DATE:  9 January 2014

		DOCKET NUMBER:  AR20130008125 


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 Servicemembers’ Group Life Insurance (SGLI) coverage amount of $400,000.00.

2.  The applicant states the FSM's records are missing documents that were updated during his deployment resulting in his family receiving only half of the SGLI benefit.  The FSM went through the Soldier Readiness Program (SRP) and there were computer technical difficulties which resulted in the FSM having to [manually] sign his SGLI and other pertinent documents to cover his 1-year deployment.  His chain of command identified the possible gaps in the system, but cannot confirm or locate the missing documents.

3.  The applicant provides:

* FSM's SGLV 8286 (SGLI Election and Certificate), dated 16 November 2011 
* Casualty Assistance Officer's memorandum for record
* email with enclosed white paper

CONSIDERATION OF EVIDENCE:

1.  On 8 April 2010, the FSM enlisted in the Regular Army.


2.  On 16 November 2011, the FSM completed a DD Form 93, indicating he was single.  He listed his stepfather as the beneficiary for 100 percent of his unpaid pay and allowances and his mother 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 $200,000.00.  He listed his mother as primary beneficiary for 100 percent of the SGLI.  He listed his grandmother and stepfather as secondary beneficiaries each at 50 percent.  He authenticated this form with his digital signature and date in the appropriate blocks.

4.  A DD Form 1300 (Report of Casualty), dated 22 July 2012, shows the FSM was killed in hostile action on 22 July 2012.

5.  In a white paper enclosed with an email, dated 18 December 2012, the Task Force Battalion Commander stated:

	a.  In January 2011, the Army released a message stating that the Electronic Military Personnel Office (eMILPO) became the preferred method platform for updating the DD Form 93 and SGLV 8286.

   b.  During preparation for the deployment to Afghanistan, the battalion personnel office planned for and participated in two separate SRP events in November 2011 and April 2012, held at the Vicenza Garrison where the unit was stationed.  These events included a station manned by the S1 personnel where eMILPO was being utilized to update every Soldier's SGLV 8286 and DD Form 93.  All Soldiers cycled through the station and updated both their DD Form 93 and SGLV 8286 in order to meet the unwritten standard of having these two forms updated within the past year.  In spite of the chain of command's due diligence of this process, at times for unknown reasons the eMILPO system failed to automatically update a Soldier's interactive Personnel Electronic Records Management System (iPERMS) record.  In response to these "glitches" the S1 shop saved a copy of each updated form on the battalion's share-drive system (network folder for ease of access and near-unlimited storage space for documents) to ensure they were accessible should they be needed in the future.
   
   c.  In May and June of 2012, Soldiers were once again given the opportunity to ensure their files were updated and current with their desired coverage and emergency contact information.  The unit's S1 shop has a record of the FSM's updated SGLV 8286 from 16 November 2011 showing he elected coverage of $200,000.00.  There is no digital record of him signing an updated form in April, May, or June 2012.  While it remains possible that the FSM could have signed an updated SGLV 8286 prior to his deployment to Afghanistan, the brigade should have a digital record of it with the various safeguards that were set in place due to past system "glitches" with delayed digital updates between eMILPO and iPERMS.
   
   	d.  Since the scenario arose regarding the FSM, the S1 shop has attempted to again ensure all Soldiers updated their records.  Upon making these updates, many of these records failed again to automatically upload in the system.  In those cases the S1 shop scanned the copies they had saved and sent them directly for updating in iPERMS. 
   
6.  On 11 April 2013, a Florida Army National Guard Casualty Assistance Officer completed a memorandum for record, subject: Missing Documents for Full Amount for SGLI.  He stated that during the process of assisting the FSM's family it was discovered that the SGLI was not the full amount that a Soldier in a dangerous deployment would opt for.  He tracked the potential gaps where the FSM's SGLI document may not have been entered into the system, contacted the FSM's leadership, and identified the potential gaps in the email message that he included as part of his packet.  He also read the FSM's personnel records and spoke with family and acquaintances.  His understanding of the FSM is that he was a meticulous and attention-to-detail type of person.  He spoke with the parents and their thoughts are not on any monetary gains, for money is not an issue with the family, but to honor their son's final wish: being responsible and with honor.  Based on his investigation, he strongly believes that the FSM had opted for the full amount on his SGLI.  For him not to have would have been out of his character.

7.  Army Regulation 600-8-1 (Army Casualty Program), prescribes the policies and mandated operating tasks, responsibilities, and procedures for casualty operations functions of the military personnel system.

   a.  Paragraph 12-3(c) states that as of 1 September 2005 all Soldiers are automatically insured under the 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 lesser amounts in increments of $50,000.00. 
   
	b.  For military personnel, the SGLI is recorded on an 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, U.S. Code, and is subject to the provisions of that title and its amendments, and Title 38, Code of Federal Regulations.  The SGLV 8286 must be correctly completed, signed, and received by Office of SGLI, the custodian of the Soldier’s records, or authorized representative prior to payment.

	c.  When a Soldier who waived the right to be insured under SGLI or elected reduced insurance coverage wants to obtain coverage or increase the amount, the Soldier must complete a new SGLV 8286.

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.  Unfortunately, the evidence of record confirms that the only properly-completed SGLI form in the FSM's record is the 16 November 2011 SGLV 8286 wherein he elected reduced SGLI coverage of $200,000.00.

2.  The evidence of record shows the FSM completed his SGLV 8286 on 16 November 2011 and that he elected SGLI coverage in the amount of $200,000.00 and named his mother as beneficiary.  It appears his unit encouraged its Soldiers to update their DD Form 93 and SGLV 8286 prior to deployment to Afghanistan and strived to ensure all Soldiers updated these records.  Though there is evidence the unit had technical difficulties at times regarding uploading these documents, there is evidence that the unit also made copies of these documents in an effort to ensure all Soldiers had the appropriate documents in case they were needed in the future.  There is no evidence that the FSM changed his coverage amount before his untimely death.  Therefore, the $200,000.00 coverage elected on 16 November 2011 remained in effect.

3.  Despite the tragic event endured by the applicant and her family, 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 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)                                         AR20130008125



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ABCMR Record of Proceedings (cont)                                         AR20130008125



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