IN THE CASE OF:	  

		BOARD DATE:	  29 September 2015

		DOCKET NUMBER:  AR20150002274 


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 her retirement date so she can qualify for enrollment in the Veterans' Group Life Insurance (VGLI) Program without taking a physical.

2.  The applicant states that she was not provided the opportunity to convert her Service members' Group Life Insurance (SGLI) to the VGLI correctly.  

	a.  She served 27 years in the U. S. Army Reserve (USAR) and after her last deployment she decided it was time to retire.  She submitted a letter stating her intentions and continued to do the monthly drills for several months awaiting a reply.  She called and spoke to a Colonel Boyd at the Army Medical Department who told her that the person processing her retirement request had changed offices and her request was left in a file box.

	b.  She received her retirement orders in January 2009, and was sent very little information on the retirement process.

	c.  She recently found out about VGLI premium coverage and rates.  At the time of her retirement the only information sent out about SGLI was the "SGL 111OF GL.99.446 Ed. 10/02 letter."  She called the SGLI office and was informed that she had 1 year and 120 days (until 29 April 2009) (sic) to convert the SGLI. 

   d.  She was never sent an application or given any other information.  Therefore, she went to a local insurance company with the letter.  The agent was not familiar with military insurance, but he did provide her information from the Department of Veterans Affairs (VA) website.

	e.  In October 2014, she applied for a County Veterans Service Officer position.  As she was reviewing the VA website she saw the premium rates for VGLI coverage were much lower than she was paying for her current insurance. She contacted the SGLI office requesting they grant her an exception to submit an application for VGLI.  They stated they were unable to grant an exception because of the 1 year and 120 day deadline.  

	f.  She was not given complete or accurate information upon retirement regarding converting SGLI to VGLI.  The Retirement Services Officer, 88th Support Command suggested she apply to the ABCMR to have her retirement date adjusted to within the window for getting VGLI coverage without a physical.  

3.  The applicant provides:

* VA letter, Subject:  Important Information about Your SGLI 
* Printout from the VA website concerning converting SGLI coverage
* Information paper, Subject:  Participating Companies in SGLI and VGLI
* Her 20 March 2002, 20-year letter

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, a career USAR officer, retired as a major effective 
31 December 2008.

3.  She provides a copy of her 20 March 2002, USAR Personnel Command memorandum, Subject:  Notification of Eligibility for Retired Pay at Age 60
(20-year letter).  Paragraph 5 states, "Reserve Soldiers who have completed 
20 years of qualifying service for retirement may be eligible for the Veteran's Group Life Insurance Program.  Information regarding this program may be obtained from the Office Servicemen's Group Life Insurance, 213 Washington Street, Newark, NJ 07102-2904, 1-800-419-1473." 

4.  She also provides a printout from the VA website concerning Converting SGLI coverage.  This printout shows, in part, that Soldiers covered under the SGLI have the option to convert their SGLI coverage to an individual policy of insurance within 120 days from the date of separation from the military."  Additional information can be obtained from the Office of Servicemen's Group Life (OSGLI).

5.  Her record contains orders showing she was reassigned to the Retired Reserve effective 31 December 2008.  She had 120 days (until 1 May 2009) to elect to convert her SGLI to VGLI.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her retirement date should be adjusted so she can convert her SGLI to VGLI within the 120-day window without getting a physical.  She asserts she was never provided any information about converting the insurance during her retirement.

2.  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.  Information regarding this program may be obtained from OSGLI, 213 Washington Street, Newark, NJ 07102-2904, 1-800-419-1473." 

3.  The available evidence does not show an error on injustice in the applicant's record.  It would not be appropriate to adjust her retirement date to allow her eligibility for another government agency's program.

4.  In view of the above her request should be denied.


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)                                         AR20120022117



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ABCMR Record of Proceedings (cont)                                         AR20150002274



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