BOARD DATE: 20 November 2014
DOCKET NUMBER: AR20140001875
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, correction of his military records to show he elected to enroll in the Veterans' Group Life Insurance (VGLI) and Survivor Benefit Plan (SBP).
2. The applicant states:
a. The personnel left in the rear did not help him do his paperwork properly after his injury in Iraq.
b. While processing out with a traumatic brain injury (TBI), post-traumatic stress disorder (PTSD), back and neck injury, and gunshot wounds, his wife held his power of attorney and was not present.
c. He is still recovering from his TBI and PTSD, which still makes this process a slow and difficult one for him. He is a Purple Heart recipient and three-time combat veteran. He deserves his life insurance and SBP.
3. In an email, dated 16 October 2014, he states;
a. For years he and his wife were under the impression that he still had life insurance through the military after he was medically retired due to multiple injuries.
b. He was told he signed paperwork that stopped his life insurance, but he did not want this to happen.
4. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 2 February 2000 and trained as an infantryman. He served in Bosnia from 1 March 2001 to 1 June 2001, in Kuwait/Iraq from 28 April 2003 to 26 April 2004, and in Iraq from 12 December 2005 to 12 December 2006. On 3 August 2007, he was retired by reason of temporary disability and placed on the Temporary Disability Retired List (TDRL) the following day.
3. Item 10 (Servicemembers' Group Life Insurance (SGLI) Coverage) of his DD Form 214 shows he elected to participate in the SGLI with coverage in the amount of $400,000.00. An SGLI form is not on file in his records.
4. He was removed from the TDRL on 15 July 2010.
5. There is no evidence showing he enrolled in the VGLI.
6. Defense Finance and Accounting Service records show he made a spouse and child SBP election in 2007 with his spouse as the beneficiary. Therefore, this portion of his request will not be discussed further in this Record of Proceedings.
7. The SGLI and VGLI programs are Department of Veterans Affairs programs. Only certain portions of the SGLI program, such as preparing the
VA Form 29-8286 and collecting premiums, are administered by the military services. SGLI provides full-time life insurance coverage for individuals on active duty. SGLI remains in effect for 120 days after an individual separates from active duty or a Reserve Component. Individuals entitled to SGLI coverage can convert to VGLI by submitting the premium within 120 days after separating. After 121 days, the individual may be granted VGLI provided an initial premium and evidence of insurability are submitted within 1 year after termination of the individual's SGLI coverage. VGLI provides renewable 5-year term coverage.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered. However, when he retired and was placed on the TDRL in 2007, his SGLI was terminated.
2. Since there is no evidence of record and the applicant provided no evidence showing he enrolled in the VGLI, regrettably, there is insufficient evidence with which to grant the 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 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) AR20140001875
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140001875
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2002 | 2002074969C070403
The applicant states, through counsel, that the settlement agreement, which was incorporated into the 29 July 1999 divorce decree, required the FSM to elect former spouse SBP coverage. Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the member’s agreement) in those cases where the member was participating in the SBP or was still on active duty and had not yet made an SBP election. That all of the Department of the Army records related to...
ARMY | BCMR | CY2003 | 2003090860C070212
The applicant provides a letter to her from the U. S. Army Reserve Personnel Command dated 3 April 2003; the FSM's death certificate; the DD Form 1883 (Survivor Benefit Plan Election Certificate) with counseling letter; the FSM's notification of eligibility for retired pay at age 60 (his 20-year letter); a North Carolina Army National Guard (NCARNG) letter dated 14 November 1999; the FSM's Retired Reserve certificate dated 12 August 1988; the FSM's Honorable Discharge certificate dated 12...
ARMY | BCMR | CY2015 | 20150002274
d. She was never sent an application or given any other information. She contacted the SGLI office requesting they grant her an exception to submit an application for VGLI. The available evidence shows her 20-year letter states in paragraph 5, "Reserve Soldiers who have completed 20 years of qualifying service for retirement may be eligible for the Veteran's Group Life Insurance Program.
ARMY | BCMR | CY2006 | 20060004273C070205
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 November 2006 DOCKET NUMBER: AR20060004273 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests, in effect, that Item 10 (SGLI Coverage) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 28 September 2002, be corrected to show the amount...
NAVY | BCNR | CY2001 | 05776-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 October 2001. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. should have received a Chief Petty Office counting Service-Cleveland letter from the Defense Fi (DFAS-CL) within one month after he retired,...
AF | BCMR | CY2013 | BC 2013 01431
The remaining relevant facts pertaining to this application are contained in the letters prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: DFAS-JFBE/CL recommends denial, indicating there is no evidence of an error or injustice. The deceased former member retired on 31 May 96 and declined SBP coverage. The applicant became entitled to DIC...
ARMY | BCMR | CY2012 | 20120002101
SGLI provides full-time life insurance coverage for individuals on active duty. After 121 days, the individual may be granted VGLI provided an initial premium and evidence of insurability are submitted within one year after termination of the individual's SGLI coverage. The available evidence does not show the applicant participated in seventeen Vietnam campaigns while he was in the RA.
ARMY | BCMR | CY2007 | 20070003349
The memorandum stated that the amount due was based on the amount of coverage the individual elected. After 121 days, the individual may be granted VGLI provided an initial premium and evidence of insurability are submitted within one year after termination of the individual's SGLI coverage. The evidence shows that the applicant completed an SGLI Election Certificate on 14 July 1996, and elected not to participate in the SGLI program.
ARMY | BCMR | CY2002 | 2002083137C070215
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, the applicant is requesting that the records of her deceased ex-husband, a former service member (FSM) be corrected to show that he elected to convert his Servicemembers' Group...
ARMY | BCMR | CY2007 | 20070009086C080213
The applicant states that item 22c does not show his service in Japan (1948 to 1950), Korea (July to September 1950), or Germany (1952 to 1955); that he did not stop his insurance allotment, and he believes his insurance is still in effect; that his VA claim number is 2------2; that his career began with 11 years of schooling, but he earned his GED (general equivalency diploma) in 1951 and had two years of college credits before he retired; and that his blood group is A positive. The...