IN THE CASE OF:	   

		BOARD DATE:	  4 September 2014

		DOCKET NUMBER:  AR20130020934 


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, cancellation of a debt in the amount of $472.16 she incurred due to Servicemembers' Group Life Insurance (SGLI) premiums paid on her behalf.  

2.  She states, in effect, that the debt should be cancelled due to her unit's failure to complete the appropriate paperwork.  Over 4 years, her unit lost multiple packets and provided incorrect and outdated forms.  The debt was established due to the length of time it took her unit to transfer her to the Individual Ready Reserve (IRR).  

	a.  In 2008, she worked with Captain (CPT) M_______ to complete a discharge packet due to pregnancy and her spouse being in the same unit.  She completed a second packet with the unit on 5 November 2008.

	b.  Because her due date of 17 January 2009 was near, she e-mailed her platoon leader to check on the status of the November 2008 packet.  On 20 January 2009, her platoon leader informed her that a memorandum signed by the commander had been lost.  Her platoon leader told her she had done everything she needed to do but the unit had failed her.

	c.  After the birth of her son, she returned to the unit to again complete paperwork for a transfer to the IRR.  Once again the paperwork was done with CPT M_______.  Nothing ever came of this paperwork, and she believes it was either lost or never sent in.  She was told it had been returned due to errors.  When she spoke with CPT M_______, she was only given the option of transferring to the IRR.  CPT M_______ stated that since her son had been born she could not be discharged for hardship.  She was counseled on transfer to the IRR. 

	d.  On 8 August 2011, CPT S____ took a turn at her discharge.  CPT S____ stated she had an "unavailable care plan" due to her spouse and family members being unable to care for her child.  She doesn't know what happened to the packet.  CPT S____ was only with the unit for a short time.  She did everything she was asked and it is not her fault that the unit didn't know how to handle her discharge.  She describes her numerous attempts to determine the status of her discharge packet in late 2011.  She was assured that the packet was being processed; but on 27 December 2011, she was informed that several documents were missing and that she would have to start over.

	e.  In March 2013, she learned from a unit newsletter that she had finally been transferred to the IRR.  Shortly thereafter, she was made aware of the debt that had accumulated during her "packet battle."  She went to the unit to resolve the issue on 15 May 2013, but she was told that because she was now in the IRR the unit could not help her.  Working with a Senator, she was able to obtain some information on how to get the debt removed.  She needed the unit's assistance to assemble the information she needed, but in September 2013 assistance was denied.  

3.  She provides: 

* e-mail
* DA Forms 4651 (Request for Reserve Component Assignment or Attachment) 
* correspondence related to her request for a hardship discharge
* memorandum, subject:  Election of Options Regarding Pregnancy
* DA Forms 4856 (Developmental Counseling Form)
* DA Form 4187 (Personnel Action)
* memorandum, subject:  Letter of Intent to Transfer [to the] IRR
* self-authored letter to a Senator and related correspondence
* letter from the Defense Finance and Accounting Service (DFAS)

CONSIDERATION OF EVIDENCE:

1.  On 30 September 2005, the applicant enlisted in the U.S. Army Reserve (USAR) for a period of 8 years.  She completed initial entry training and she was awarded military occupational specialty 31B (Military Police (MP)).  She was advanced to specialist/E-4 effective 23 January 2008.  

2.  Her record shows she was assigned to the 354th MP Company (Combat Support (CS)), St. Louis, MO.  

3.  Her Official Military Personnel File (OMPF) is void of documentation pertaining to a request for a hardship discharge.  However, she provides the following:

	a.  A DA Form 4651, dated 5 November 2008, shows she requested voluntary assignment to an unspecified unit/component under the dependency or hardship provisions of Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers), paragraphs 4-9f and 4-13.  The form was signed by CPT M_______.  

	b.  An undated statement signed by her and her husband submitted in support of her request for a hardship discharge shows she stated she and her husband were assigned to the same unit and she was pregnant.  She stated they were unable to establish a family care plan, which was the basis for her request.  She also provided supporting statements from her parents and from her husband's mother confirming that they would be unable to provide care for a young child in the event that the applicant and her husband were deployed.  

	c.  An e-mail, dated 20 January 2009, from a platoon sergeant shows the platoon sergeant informed her that he had learned that a staff member had lost a memorandum signed by the commander.  The platoon sergeant indicated the commander was to send a new letter and that it would be forwarded the next day.  He asked the applicant to get her story straight regarding her hardship and inability to have an effective family care plan and to call a sergeant major in the Inspector General's office.  He stated the unit had failed her.  

	d.  A DA Form 4856, dated 8 March 2009, shows she was counseled on her options with regard to her pregnancy, which included requesting transfer or reassignment to the IRR or to remain a unit Soldier until maternity leave was granted.  

	e.  A memorandum, subject:  Election of Options Regarding Pregnancy, dated 8 March 2009, shows CPT M_______ asked her to elect an option regarding her pregnancy.  She elected transfer or reassignment to the IRR, if eligible, under the provisions of Army Regulation 135-178 (Enlisted Administrative Separations) and Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures).



	f.  A DA Form 4856, dated 12 March 2009, shows she was counseled on her decision to separate from her USAR Troop Program Unit (TPU).  The form shows that, after counseling, she decided to separate from the TPU with a hardship discharge.  

4.  The record is void of documentation showing any final action was taken on her request for a hardship discharge in 2009.

5.  Her OMPF contains an SGLI Election and Certificate, dated 11 May 2010, showing she named her spouse as the beneficiary of her SGLI.  

6.  She provides the following documents dated 7 August 2011:

	a.  A DA Form 4187 shows she requested a hardship separation because she was unable to maintain a family care plan.

	b.  A DA Form 4651 shows she requested voluntary assignment to an unspecified unit/component under the dependency or hardship provisions of Army Regulation 140-10, paragraphs 4-9f and 4-13.  The form was signed by CPT S____.  

	c.  A DA Form 4856 shows she was counseled on discharge for hardship.  The form noted she lacked a family care plan, she was pregnant with a second child due in January 2012, and neither her family nor her husband's family was able to care for the children.  This form shows immediate discharge was recommended and she was to remain in contact with the unit administrator and her commander until the discharge was granted.  

7.  She provides e-mail correspondence showing:

* on 11 October 2011, CPT T________ confirmed that her packet had been forwarded to the battalion level, but he was not sure if the packet had yet reached the brigade level or the USAR Command (USARC)
* on 17 November 2011, she contacted CPT T________ to inquire about the status of her packet
* on 3 December 2011, she contacted CPT T________ to inquire about the status of her packet and noted she had not heard from him since 11 October 2011

8.  The record is void of documentation showing any final action was taken on her request for a hardship discharge in 2011.

9.  She provides a self-authored memorandum, a DA Form 4187, DA Form 4856, and a DA Form 4651, all dated 6 May 2012, showing she requested transfer to the IRR. 

10.  On 23 October 2012, Headquarters, 88th Regional Support Command, Fort McCoy, WI, issued Orders 12-297-00002, releasing her from assignment to the 354th MP Company (CS) and assigning her to the USAR Control Group (Reinforcement) (also known as the IRR), effective 24 October 2012, by reason of expiration of her USAR service obligation.  

11.  She provides documentation showing:

	a.  On 14 May 2013, she contacted a Senator regarding a debt established based on SGLI premiums.  

	b.  On 16 July 2013, the Deputy G-1 (Support), Headquarters, USARC, responded to the Senator's inquiry regarding the applicant's SGLI debt.  He stated that, as the applicant had never declined coverage, she was covered by SGLI during the time she was a member of the USAR and if for any reason her family would have had to collect the SGLI benefit, it would have been the Army's responsibility to pay the policy.  Consequently, she remained responsible for paying the insurance premiums.  He advised the Senator that the applicant could request a waiver of the debt in writing from the USAR Pay Center, and, if her request was not favorably considered, she could apply to the Army Review Boards Agency.  

	c.  On 21 August 2013, DFAS informed her that her debt in the principal amount of $472.16 was due to SGLI premiums paid on her behalf but not deducted from her pay account.  Her debt was for the period December 2010 to October 2012, when she was not performing duty and premiums were paid on her behalf.  She did not earn sufficient entitlements during that period from which the SGLI premiums could be deducted resulting in a balance due.  The debt was transferred to DFAS by her former unit, and DFAS was unable to reduce or cancel the debt until she provided – 

		(1) official separation orders showing a different date of separation,

		(2) a letter from her unit stating the debt was not her fault or that the unit was at fault due to the length of time taken to separate her (with the unit specifically asking that DFAS cancel the debt), or

		(3) an SGLI Election and Certificate showing she had declined coverage before her date of separation.  
12.  She provides e-mail showing she contacted her former unit on 6 September 2013.  She asked to visit the unit on a drill weekend to discuss the debt that had accrued. 
 
	a.  CPT T________ responded to her e-mail, stating that he had reviewed her file and looked into her situation regarding her debt.  He stated:

* during the time she was still assigned to the unit, she did not request to have her SGLI stopped, therefore she created the debt in question
* he and his staff asked her to keep in contact with the unit to help them in expediting her release, which she failed to do
* he and his staff asked her husband to have her come to the unit on several occasions to address the issue, which she failed to do
* she was aware of the debt as she was paid on three separate occasions and received a Leave and Earnings Statement which clearly showed the accrual of the debt in question
* she was given the phone number for DFAS Debt Management to address the debt she had incurred
* her issues and concerns were answered in the Congressional inquiry she initiated in May 2013
* after a review of the facts in her case, he would not be recommending the debt be waived

	b.  On 9 September 2013, she responded to CPT T________, providing a detailed account of delays in addressing her requests to be released from her unit.  She argued that she had been in regular contact with the unit, signed all paperwork she was asked to sign, and that the unit had not been responsive.

13.  On 1 October 2013, the U.S. Army Human Resources Command issued Orders D-10-316858 honorably discharging her from the USAR, effective 1 October 2013.  

14.  Army Regulation 600-4 gives instructions for submitting and processing applications for remission or cancellation of indebtedness to the U.S. Army.  Applications must be based on injustice, hardship, or both.  The Army may remit or cancel a Soldier's debt arising from payments made in error, payments made in excess of an allowance on behalf of a Soldier, or debts incurred while serving on active duty.  To determine injustice the application must contain evidence that the applicant did not know and could not have known of the error and/or the applicant inquired of a proper authority and was told the payment was correct.  To determine injustice or hardship HRC must consider the Soldier's awareness of policy and procedures, military occupational specialty, rank, years of service, and prior experience.  
15.  SGLI is a program that provides low-cost term life insurance coverage to eligible Service members, including members of the Ready Reserve.  If eligible, Service members are automatically issued the maximum SGLI coverage.  Service members can decline SGLI coverage, select a lesser amount than maximum coverage, designate beneficiaries, and/or make other changes.  Changes, to include declining coverage, can be made at any time by filing an SGLI Election and Certificate. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for cancellation of a debt in the amount of $472.16 she incurred due to SGLI premiums that were paid on her behalf.

2.  DFAS informed her that her debt was for the period December 2010 to October 2012.  It is noted that her OMPF contains an SGLI Election and Certificate, dated 11 May 2010, showing she named her spouse as the beneficiary of her SGLI.  Clearly, she was aware that she could make changes to her SGLI coverage prior to the period during which she incurred the SGLI debt.  

3.  While the failure to expediently process her requests for discharge played a role in her continued eligibility for SGLI, the delays had no impact on her ability to decline coverage at any time.  Her unit cannot be held accountable for something she controlled.  She incurred a just debt that she must now pay.  

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)                                         AR20130020934



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ABCMR Record of Proceedings (cont)                                         AR20130020934



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