IN THE CASE OF: 

		BOARD DATE:	    17 July 2014

		DOCKET NUMBER:  AR20130019004 


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.  She states that during the FSM's pre-deployment briefing and Soldier Readiness Processing (SRP), SGLI was explained to him in such a way that the FSM believed he was signing up for an additional $250,000.00  She recalls a conversation that took place between the FSM and herself prior to his deployment which he stated that she would be well taken care of with a "$400,000.00 and $200,000.00 life insurance policy."  She concludes that it is believed the FSM was unclear of what he was doing and actually intended to retain the full amount or increase his coverage under SGLI, but his intent was never to reduce it.

3.  She provides:

* Self-authored statement
* DD Form 1300 (Report of Casualty)
* FSM's SGLV 8286 (SGLI Election and Certificate), dated 16 November 2009, 13 January 2010, and 29 October 2010
* DA Form 2823 (Sworn Statement), dated 9 October 2012
* E-mail, dated 19 June 2013 

CONSIDERATION OF EVIDENCE:

1.  On 28 August 2008, the FSM enlisted in the Regular Army.

2.  On 29 October 2010, the FSM completed a DD Form 93 (Record of Emergency Data) indicating he was single.  He listed his mother as the beneficiary for 100 percent of his death gratuity and unpaid pay and allowances. 

3.  On the same date, the FSM completed an SGLV 8286.  The form clearly states "By law you are automatically insured for $400,000.00."  It further stated that "If you want less than $400,000.00 of insurance, please check in the appropriate block below and write the amount you desire and your initials."  He checked the block and placed his initials indicating that 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 authenticated this form with his signature and date in the appropriate blocks.  This is the latest form contained in his official military personnel file (OMPF).

4.  A DD Form 1300, dated 4 March 2011, shows the FSM died of wounds in Afghanistan due to hostile actions on 28 February 2011.

5.  The SGLV 8286 forms dated 16 November 2009 and 13 January 2010, contained in his OMPF and also provided by the applicant, show the FSM elected to be automatically insured for the full amount of insurance of $400,000.00 with the applicant named as his beneficiary.

6.  In a sworn statement, dated 9 October 2012, a fellow Soldier stated that he went through the Fort Polk SRP site with the applicant.  He said they were instructed to update their SGLI.  He added that at no time were they informed that the SGLI premiums were reimbursed while deployed.  He said it was only after the FSM was killed in action that this was brought to their attention.  He offered they were told that the FSM elected $200,000.00 in insurance instead of the maximum amount of $400,000.00.

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, in effect, 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 latest completed SGLI form in the FSM's OMPF is dated 29 October 2010 wherein he elected reduced SGLI coverage of $200,000.00.

2.  The evidence of record shows on 16 November 2009 and 13 January 2010 the FSM completed an SGLV 8286 and elected to be automatically insured for $400,000.00 with the applicant named as his beneficiary.  Therefore, it appears the FSM was well aware that he had the option to elect the full amount of $400,000.00 or a lesser amount. 

3.  Nevertheless, there is no evidence and she did not provide any to show the FSM was improperly briefed when he changed his coverage amount before his untimely death.  Therefore, the $200,000.00 coverage elected on 29 October 2010 remained in effect.

4.  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)                                         AR20130019004





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ABCMR Record of Proceedings (cont)                                         AR20130019004



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