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CG | BCMR | Other Cases | 2009-045
Original file (2009-045.pdf) Auto-classification: Denied
DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2009-045 
 
Xxxxxxxxxxxxxxxx 
xxxxxxxxxxxxxxxxx (deceased) 

 

 
 

DECISION OF THE DEPUTY GENERAL COUNSEL 

AS THE OFFICIAL WITH DELEGATED AUTHORITY TO TAKE FINAL ACTION  

ON BEHALF OF THE SECRETARY OF 

THE U.S. DEPARTMENT OF HOMELAND SECURITY 

 

       
 
 
I approve the Recommended Final Decision of the Board for Correction of Military Records of 
the United States Coast Guard and the relief recommended in the order therein. 
 
 
 
 
 
 
 
Date:  ____________________ 
 
 
 
 

     
___/s/_______________________________ 
Joseph B. Maher 
Deputy General Counsel 
U.S. Department of Homeland Security 

 
 
 
 
 

 
 
 
 
 

 

 
 
 

 

 
 
 

 

 
 
 

 

 
 
 

DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2009-045 
 
Xxxxxxxxxxxxxxxxxx 
xxxxxxxxxxxxxxxxxx (deceased) 

RECOMMENDED FINAL DECISION 

 

 
 

 

 
 
This proceeding was conducted under the provisions of section 1552 of title 10 and sec-
tion 425 of title 14 of the United States Code.  The Chair docketed the case after receiving the 
completed  application  on April  30,  2009,  and  assigned  it  to  staff  member  J.  Andrews  to  pre-
pare the decision for the Board as required by 33 C.F.R. § 52.61(c). 
 
 
appointed members who were designated to serve as the Board in this case. 
 

This  final  decision,  dated  August  5,  2010,  is  approved  and  signed  by  the  three  duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

The applicant, who was alive at the time of application (Tab A), alleged that the Coast 
Guard  erroneously  disenrolled  him  from  Servicemembers’  Group  Life  Insurance  (SGLI).    He 
stated  that  he  was  serving  in  the  Selected  Reserve  (SELRES)  in  November  2005,  when  he 
became too sick with leukemia1 to perform drills.  He alleged that once he became too sick to 
drill, the Coast Guard should have transferred him to the Individual Ready Reserve (IRR) pur-
suant to Chapter 4.B.2.a.(2) of the Reserve Policy Manual.   Because the Coast Guard kept him 
in the SELRES when he was too sick to drill and receive pay, he was disenrolled from SGLI due 
to non-payment of premiums.  He alleged that if the Coast Guard had properly transferred him to 
the IRR, he would not have incurred the premiums and could have converted from SGLI to Vet-
erans’ Group Life Insurance (VGLI).  However, no one ever counseled him on the matter. 

 
 
The applicant stated that in November 2006, with his leukemia in remission, he began to 
drill again.  He alleged that if the Coast Guard had acted properly, the Coast Guard would have 
transferred him from the IRR back into the SELRES when he became well.2 
                                                 
1 The applicant’s civilian medical records, which he submitted, show that in November 2005, he was diagnosed with 
chronic  myeloid  leukemia  in  blast  crisis  with  Philadelphia  chromosome.  (Tab  T4)  Chapter  3.F.18.  of  the  Coast 
Guard Medical Manual states that chronic leukemia is disqualifying for military service “[w]hen response to therapy 
is  unsatisfactory,  or  when  therapy  requires  prolonged,  intensive  medical  supervision.”    UNITED  STATES  COAST 
GUARD, COMDTINST M6000.1B, MEDICAL MANUAL (Change 18, 2004). 
2 Under 38 U.S.C. §§ 1965 and 1967, SELRES members are insured under SGLI unless they elect to decline cover-
age, whereas members of the IRR and Standby Reserve are only covered while serving on active duty or active duty 
for training.   

 
 
The applicant alleged that in January 2007, when a $162 SGLI premium arrearage was 
deducted from his drill pay, he called a “SGLI spokesperson” and was told that he was no longer 
eligible for SGLI and that he should submit a form SGLV-8286 to prevent further deductions of 
arrearages because he was no longer eligible.  He alleged that this advice was erroneous because 
he could have resumed his coverage by requesting reenrollment using form SGLV-8285.3  How-
ever, no one counseled him about it.  Therefore, he signed an SGLV-8286 on January 30, 2007, 
after having been instructed to complete the form in a certain way (Tab E).  Declining the cover-
age, he argued, was not voluntary as it “did not represent my personal choice or preference.”  He 
submitted a copy of this SGLV-8286.  It appears as shown below and comes with a page of direc-
tions (Tab U) for completing the form.4   

Please read the instructions before completing this form. 

Servicemembers’ Group Life Insurance Election and Certificate 

Use this form to:  (check all that apply) 
□  Name or update your beneficiary 
 Reduce the amount of your insurance coverage 
□  Decline insurance coverage 

Important:  This form is for use by Active Duty and Reserve members.  
This form does not apply to and cannot be used for any other 
Government Life Insurance. 

[Section for member’s personal information omitted.] 

Amount of Insurance 

By law, you are automatically insured for $400,000.  If you want $400,000 of insurance, skip to Beneficiary(ies) and Payment 
Options.  If you want less than $400,000 of insurance, please check the appropriate block below and write the amount desired 
and your initials.  Coverage is available in increments of $50,000.  If you do not want any insurance*, check the appropriate 
block below and write (in your own handwriting), “I do not want insurance at this time.” 
 
Declining SGLI coverage also cancels all family coverage and traumatic injury protection under the SGLI program. 

 

 

□  I want coverage in the amount of $_________   Your initials _______ 
  ___”I DO NOT WANT INSURANCE at this time__________ 

 

(Write “I do not want insurance at this time.”) 

*Note: Reduced or refused insurance can only be restored by completing form SGLV-8285 with proof of good health and compliance with other requirements.  
Reduced or refused insurance will also affect the amount of Veterans’ Group Life Insurance you can convert to upon separation from service. 
[Uncompleted block entitled “Beneficiary(ies) and Payment Options” omitted] 
I HAVE READ AND UNDERSTAND the instructions on pages 2 and 3 of this form.  I ALSO UNDERSTAND that 

• 
• 
• 
• 

This form cancels any prior beneficiary or payment instructions. 
The proceeds will be paid to beneficiaries as stated in #6 on page 3 of this form, unless otherwise stated above. 
If I have legal questions about this form, I may consult with a military attorney at no expense to me. 
I cannot have combined SGLI and VGLI coverages at the same time for more than $400,000. 

 
SIGN HERE IN INK ►____ /s/     ___________________________      Date:  _30 JAN 07 
                                                  (Your signature.  Do not print.) 
RECEIVED BY: 
[YN1 K’s signature] 
                                                 
3 Form SGLV-8285 (Tab V) requires the member to reveal any prior cancers, such as leukemia.  
4 Page 1 of Form SGLV-8286 (Tab U) is titled “Directions to Servicemember” and states the following: 

RANK, TITLE OR GRADE 
YN1/E-6 

ORGANIZATION 
USCG 

DATE RECEIVED 
30 JAN 07 

SGLI  is  in  effect  throughout  the  period  of  full-time  active  duty  or  active  duty  for  training. 
Coverage is also in effect on a full-time basis for reservists who are assigned to a unit or position 
in which they may be required to perform active duty or active duty for training and each year will 
be  scheduled  to  perform  at  least  12  periods  of  inactive  duty  training  that  is  creditable  for 
retirement purposes under Chapter 1223 of title 10, United States Code. 

 

 
The applicant alleged that the SGLV-8286 he signed on January 30, 2007, contains errors 
that make it ambiguous and defective, but the Coast Guard overlooked the deficiencies and used 
it as proof that he did not want SGLI.  He stated that the defective SGLV-8286 should be consid-
ered invalid because he completed it based on bad information.  He stated that he “would have 
been happy to pay SGLI premiums along the way, and would still pay any arrearage due to this 
change.”  He argued that the SGLV-8286 should be corrected to show that he elected full insur-
ance coverage of $400,000. 
 
 
The applicant stated that his record should be corrected to show that, instead of being dis-
enrolled from SGLI due to non-payment of premiums, the Coast Guard transferred him to the 
IRR  on  November  28,  2005,  and  then  transferred  him  from  the  IRR  back  to  the  SELRES  on 
November 28, 2006, and that he was automatically reenrolled in SGLI due to his change in status 
from the IRR to the SELRES. 
 
 
In support of his allegations, the applicant submitted a memorandum dated November 13, 
2008,  which  was  never  sent  to  the  recipient,  PSC,  concerning  the  applicant’s  SGLI  coverage. 
(Tab C) The memorandum is signed by a Coast Guard lieutenant who, as a certifying officer for 
SGLI, wrote the following: 
 

1.  The status of the life insurance policy under Servicemembers’ Group Life Insurance (SGLI) for 
[the applicant] was in question.  On review, the form he prepared in January 2007 is found to be 
invalid and, thus, his insurance remains in effect.  Insurance premiums of $860.00 have not been 
collected and should be deducted (or paid) immediately. 
 
2.  Facts. 
 
a.    [The  applicant]  is  an  Electronics  Technician.  Third  Class  (ET3)  in  the  U.S.  Coast  Guard 
Reserve.  His employee identification number is [EID redacted].  [The applicant’s] date of initial 
entry on military service (DIEMS) is 28 November 2000.  He served four years on active duty.  
He transferred to the Reserve on 28 November 2004.  He has been a drilling member in Selected 
Reserve (SELRES) status, assigned to Electronics Support Detachment (ESD) Charleston, SC.  He 
had “satisfactory service” in his first and third anniversary years.  His Reserve activity during his 
second anniversary year, 28 November 2005 through 27 November 2006, was nil due to illness.  
He is still in the SELRES. [Direct Access database; encl. (5)-(7)] 
 
b.    [The  applicant]  suffers  from  terminal  leukemia.    His  disease  began  prior  to  2007. [multiple 
unrecorded  telephone  reports  from  Charleston  SC  and  Miami  FL,  including  that  of  ETC  [name 
redacted], USCG, on 12 November 2008] 
 
c.  [The applicant] reports that an  “SGLI  spokesperson”  told him the  SGLI policy  was not any 
good if [the applicant] was not on active duty.  [The applicant] prepared paperwork to show non-
participation in SGLI.  He states he would not have acted thus had he been correctly informed in 
2007. [Ref (a)-(b)] 
 
d.  [The applicant] had SGLI in effect at full coverage at least through November 2005 and conti-
nuously during the  months prior.  A pending SGLI premium arrearage  was resolved in January 
2007.  No SGLI premiums were documented as due at the end of January 2007. [Enclosure (5)] 
 
e.  On or about 30 January 2007, [the applicant] completed form SGLV-8286, SGLI Election and 
Certificate.  The form purports to decline SGLI coverage.  The form was received for the Coast 

Guard by YN1 [K], USCG, on or about 30 January 2007.  The form does not require a witness. 
[Ref (b)] 
 
f.  A decision to decline SGLI coverage takes effect on the first day of the subsequent month. 1 
February  2007  was  the  first  day  of  the  month  after  30  January  2007.  [Personnel  Manual,  Pay 
Manual, and SGLI regulations] 
 
g.  The top left block of form SGLV-8286 has three options: Name or update your beneficiary; 
Reduce the amount of your insurance coverage; or Decline insurance.  The form shows a selection 
of “Reduce the amount of your insurance coverage.” [Ref (b)] 
 
h.  In the “Amount of Insurance” block there is a check mark and the handwritten note “ “I Do Not 
Want Insurance at this time” [sic]. [underline added to clarify unusual punctuation]  The annota-
tion is not supplemented with initials. [Ref (b)] 
 
i.  The member submitted a statement dated 12 November 2008, reporting that an “SGLI spokes-
person” told him the policy was not any good if he was not on active duty.  This was the basis on 
which [the applicant] prepared form SGLV-8286 in January 2007. [Ref (a)] 
 
j.  For the continuous 30-month period from June 2006 through  November 2008, inclusive, the 
premiums for a member with full SGLI coverage total $860.00.  (A different set of months would 
yield a different total.)  This takes into account the 1 July 2008 rate change.  This amount includes 
the mandatory $1 per month for Traumatic SGLI (TSGLI) that is assessed whenever SGLI is in 
effect.  For months from December 2008 forward, the monthly rate is $26.00 for $400K SGLI plus 
$1.00 for $100K TSGLI, total $27.00 per month. [Ref (c); encl. (8)] 
 
k.  Coast Guard policy virtually prohibits refunds of SGLI premiums that were over-deducted or 
deducted in error if the event was more than six months in the past.  However, discovery of under-
payment or nonpayment of premiums means that the member was under-deducted (i.e., overpaid).  
That overpayment is collectible.  The “six-month rule of thumb” does not apply to limit the time 
period considered for an overpayment and collection. [Ref (c)] 
 
l.  A member of the SELRES who has no current Coast Guard income from military duty may 
make arrangements to pay SGLI premiums through the Personnel Services Center (PSC), Military 
Accounts Section (MAS), in Topeka, KS.  Premiums may be paid in advance. [Personnel & Pay 
Procedures Manual (3PM)] 
 
m.  Throughout this period [the applicant] was single.  Family SGLI (FSGLI) is not a factor appli-
cable to [the applicant].  No FSGLI premiums are owed. [Direct Access, DEERS, and SGLI regu-
lations] 
 
n.    [The  applicant]  would  be  eligible  for  Veterans  Group  Life  Insurance  (VGLI)  through  the 
Department of Veterans Affairs (VA) if he transfers out of the Selected Reserve or is discharged, 
as long as he has SGLI in effect upon separation. [SGLI regulations] 
 
3. Opinions. 
 
a.  [The applicant]’s statement [ref (a)] is credible.  Credibility would be enhanced if his statement 
could  be  verified,  particularly  if  he  could  name  the  person  who  advised  him  in  2007  regarding 
SGLI coverage.  He has not named his advisor and probably cannot do so now, more than twenty 
months later.  Exhaustive, unsuccessful medical treatment during the period since January 2007 
further  supports  his  inability  to  recall  the  identity  of  his  advisor.    [The  applicant]’s  impending 
death adds weight to his statement.  As a single man with no known dependents he has no signifi-
cant motivation to volunteer an untruthful or incomplete statement.  A statement on a death bed is 
normally accepted as truthful, as if the dying person were under oath; the statement of a man in 
hospice and whose death is imminent, albeit not quite “death bed,” should similarly be accepted as 

truthful and credible, without quibble.  In the face of impending death he is merely wrapping up 
his affairs.  Thus, his statement is accepted as credible and substantially accurate. 
 
b.  [The applicant] relied on incorrect advice from an advisor he viewed as knowledgeable. 
 
c.    Misinformation  regarding  SGLI  eligibility  of  Reservists  was  common  quite  recently  among 
both administrative personnel and the Reservists themselves.  Reference (c) was published on 7 
July 2008 in part to address a variety of concerns, including ignorance.  FSGLI policy was simi-
larly addressed in reference (d) on 14 June 2007.  Both documents were published too late to help 
[the applicant] in January 2007.  However, the pertinent policy points were merely restated in ref-
erences (c) and (d); they were the same in 2005, 2006, and 2007. 
 
d.  [The applicant] knew in January 2007 that he had leukemia.  He had no apparent motivation to 
relinquish a life insurance policy worth $400 thousand. 
 
4. Decision. 
 
a.  The SGLV-8286 of ET3 [the applicant] [EID redacted], USCGR, dated 30 January 2007, is 
invalid.  It is invalid for the three reasons listed below.  Any one of the three reasons might, by 
itself, be a basis to find the form to be invalid.  Taken together it is clear that the record purporting 
to show the member’s decision to decline SGLI is invalid.  Thus, his “election” shown on refer-
ence (a) is void. 
 

(1)  The purpose of the form was to reduce insurance but the content of the form was to 
decline insurance.  This is inconsistent.  It is ambiguous.  The form cannot be valid when ambigu-
ous. 
 

(2)  The content of the form was to decline insurance but the member did not initial the 
statement.  The member does not dispute that he wrote it but, without initials, there is potential to 
believe  that  the  statement  might  have  been  written  by  someone  other  than  the  member.    If  the 
member was not still alive it would be impossible to verify the authenticity of the written state-
ment.  Even though the member is still alive, consistency requires a skeptical view regarding this 
error.  By itself, this could be sufficient to raise significant doubts.  The form might be invalid for 
this reason alone. 
 

(3)    The  member  was  incorrectly  counseled.    He  relied  on  that  incorrect  counsel.  
Because of incorrect counsel he prepared the SGLV-8286 dated 30 January 2007, to be consistent 
with what he believed was his sole option.  In other words, he did what he was told.  His election 
was neither informed nor wholly voluntary.  It was ignorant.  A member’s ignorance is normally 
not sufficient, by itself, to invalidate a form that a member voluntarily signed.  The form is pre-
sumed to be regular on its face.  However, context must still be considered.  Here we have a junior 
enlisted member; not a Yeoman with clerical experience and training in administrative regulations; 
without daily Coast Guard contact for three years due to service in the Reserve after leaving active 
duty; returning to drill after more than a year’s absence; the absence due to a lengthy, successful 
battle with leukemia, a life-threatening illness; and (wrongly, as it turns out) told by a person who 
presented as authoritative that the member should prepare and sign a certain form in a particular 
way.  There is considerable context in parallel with the member’s stated ignorance.  A Govern-
ment  record  is  presumed  to  be  regular  on  its  face  unless  confronted  with  clear  and  convincing 
evidence to the contrary.  Ignorance, by itself, is not commonly accepted as a sufficient basis to 
invalidate a signed form.  However, considering all the factors in this case,  I see sufficiently clear 
and convincing evidence that the SGLV-8286 signed by [the applicant] on or about 30 January 
2007 is so compromised by its context as to be, and it is, invalid. 

b.  [The applicant] is eligible for SGLI due to his SELRES status.  He may file a new form SGLV-
8286 to name beneficiaries as he sees fit.  If he does not do so before he dies then distribution of 
any benefits would be “by law.” 

 

 
5. Action needed. 
 
a.  The Personnel Services Center (PSC) should collect unpaid SGLI premiums of $860.00 for the 
period February 2007 through November 2008, inclusive, or such other amount as may be calcu-
lated correctly. 
 
b.  Full  SGLI is in effect and  will remain in effect,  with  premiums paid, unless [the applicant] 
knowledgeably and correctly declines or until the end of the 120-day grace period after he sepa-
rates from the Selected Reserve. 

 
 
The applicant also submitted a note “to file” dated November 19, 2008, which the certify-
ing official wrote and gave to the applicant, stating that his memorandum dated November 13, 
2008, was never transmitted to the PSC “due to subsequent issues.” (Tab D) The certifying offi-
cial wrote that his “conclusion appears to remain a reasonable path.  However, other paths may 
be  at  least  as  reasonable  while  being  less  objectionable  to  key  actors.    Correction  of  subject 
member’s record to show two status changes (SELRES to IRR, and IRR to SELRES) may have 
the advantage of correcting the larger record in the interest of accuracy and conformance to regu-
lations.  SGLI eligibility would then be merely a consequence—an inevitable and essential con-
sequence—of correcting the record.” 
 
 
The applicant also submitted a handwritten note he signed on November 12, 2008 (Tab 
B), stating that the reason he dropped SGLI was “because when I was out of work because of my 
illness I received a bill for back premiums.  I called [and] talked to a SGLI spokesperson [and] 
asked if the policy was any good if I was not on active duty [and] they told me it was not.  So I 
asked them to drop my insurance since I didn’t have the money to pay the back premiums.  If the 
policy is effective when I am not on active duty I was misinformed + would have kept the policy 
in effect.” 
 
 
In addition, the applicant submitted copies of two ALCOASTs (Tab G)  about insurance 
issued in 2007 and 2008.  He alleged that the fact that the Coast Guard issued these ALCOASTs 
proves that the SGLI policy is confusing.  The first, ALCOAST 299/07, was issued on June 14, 
2007,  bears  the  subject  “FSLGI  Policy,”  and  states  that  its  purpose  is  to  reiterate,  clarify  and 
slightly revise FSLGI (Family SGLI) policy previously published in ALCOASTs 446/01, 282/03, 
and 430/05.  The second, ALCOAST 326/08, was issued on July 7, 2008, and bears the subject 
“SGLI Premium Changes and Related Policy Issues.”  Paragraph 3.G. of this ALCOAST notes 
that all members of the SELRES, all reservists on active duty, and all reservists scheduled to per-
form at least 12 days of annual training that year are eligible, whereas reservists on the active 
status list and in the IRR are not eligible.  It also states that when members of the SELRES fail to 
drill for pay from which the premiums can be deducted, the PSC will pay the premiums for two 
months and deduct them from future pay and that failure to pay results in cancellation of SGLI. 
 
 
The applicant also submitted a copy of a SGLV-8286, which he signed on November 14, 
2008 (Tab F), to try to regain coverage under SGLI and name his parents as beneficiaries.  This 
form was not entered in his record. 
 

SUMMARY OF THE RECORD 

 
 
The applicant served four years of active duty from November 28, 2000, to November 
27, 2004, when he was released to the Reserve and affiliated with the SELRES.  Upon enlist-
ment, the applicant completed a SGLV-8286 (Tab J) requesting SGLI coverage of just $30,000 
and naming his father as the beneficiary and his sister as the contingent beneficiary.  SGLI pre-
miums were deducted from his active duty pay (Tab L).  The applicant completed another SGLV-
8286 on April 6, 2001, after the legislated maximum amount of coverage rose from $200,000 to 
$250,000, did not request any reduction in the maximum coverage, and named his father as his 
principal beneficiary and a sister as his contingent beneficiary (Tab K).5 
 

Upon his release from active duty, the applicant affiliated with the SELRES and received 
an affiliation bonus (Tab N) for obligating himself to serve his four remaining years of military 
service obligation (MSO) drilling in the SELRES.6  His SGLI coverage continued automatically 
at the maximum amount, and the premiums were deducted from his drill pay (Tab M).  As a 
reservist, the applicant was placed in an unbudgeted but paid billet within the Electronic Systems 
Support  Unit  (ESU)  in  Miami,  Florida  (Tab  T2),  but  he  drilled  at  the  Electronics  Support 
Detachment (ESD) in Charleston, South Carolina, where he was a full-time college student. 
 

The applicant’s Leave and Earnings Statements (LESes) show that he drilled regularly in 
the SELRES in 2005 and received a SELRES affiliation bonus in September 2005.  His SGLI 
premiums were deducted from his drill pay (Tab M).  He stopped drilling and receiving drill pay 
in  November  2005  when  he  was  diagnosed  with  chronic  myeloid  leukemia  (Tab  T3).    He 
informed  his  command of  his  diagnosis  and  that  he  would  be  going  home  to  Iowa  to  receive 
treatment  (Tab  T9).    However,  his  command  retained  him  in  the  SELRES  (Tab  T8),  and  the 
Coast Guard paid the applicant’s SGLI premiums for December 2005 through May 2006 (Tab 
O).    His  LESes  for  these  months  bear  notations  about  his  SGLI  premiums  being  in  arrearage 
because  he  had  not  received  drill  pay  from  which  to  deduct  them.   The  LESes  also  show  his 
mailing address as being in Charleston, S.C., although his command knew he was living in Iowa.  
His February 2006 LES stated the following: 

 
•  Your SGLI premium arrearage as of 28 FEB 06 is $81.00. 
•  Your SGLI is in arrears for 60 days.  Per law, your SGLI will be terminated if remittance is 
not received within 30 days.  Make your check payable to USCG and send to:  Commanding 
Officer  (DC),  Coast  Guard  PPC,  444  SE  Quincy  St., Topeka,  KS  66683-3591, or  you  may 
make payment by Visa or Master Card by calling 785-339-3610. 

 
The applicant’s March 2006 contained the same notations except that his arrearage was 

$108 as of March 31, 2006.  His April 2006 LES stated the following: 

 
•  Your SGLI premium arrearage as of 31 MAR 06 is $135.00. 
•  Your SGLI is over 60 days in arrears.  Per law, your SGLI is being terminated. 

                                                 
5 Chapter 3.01.b. of the SGLI Handbook states that “[r]equests for reduced coverage or no coverage made prior to 
any legislated increase in coverage have no effect under the new law.”  VETERANS BENEFITS ADMINISTRATION, H-
29-98-1, SERVICEMEMBERS’ AND VETERANS’ GROUP LIFE INSURANCE HANDBOOK (Aug. 2009). 
6  UNITED  STATES  COAST  GUARD,  COMDTINST  7220.1A,  SELECTED  RESERVE  (SELRES)  ENLISTED  BONUS 
PROGRAMS, Encl. (3) (1998). 

The applicant’s May 2006 LES (Tab P) stated the following: 
 
•  Your SGLI premium arrearage as of 31 MAR 06 is $162.00. 
•  Your SGLI is over 60 days in arrears.  Per law, your SGLI is being terminated. 
 
The applicant’s June 2006 LES (Tab P) stated the following: 
 
•  Your SGLI was administratively stopped by PPC for nonpayment of premiums in accordance 
with Public Law 104-106.  You no longer have SGLI coverage.  If you have questions, call 
785-339-3610. 

 

From July to mid December 2006, the applicant did not drill, and each of his LESes bore 

a notation about an SGLI premium arrearage of $162.00. 
 
 
In December 2006, the applicant returned to Charleston, S.C., and began working for the 
Coast Guard as a civilian employee.  His LES for January 2007 LES shows that he began drilling 
again on December 19, 2006, and that $162.00 was deducted from his pay because of his SGLI 
premium arrearage (Tab Q).  Because his coverage had been stopped, however, no current deduc-
tion for SGLI was made from his pay.  On January 30, 2007, the applicant signed the SGLV-8286 
shown on page 2 of this decision (Tab E), in which he appears to have declined coverage. 
 
 
The applicant’s LESes for the remainder of 2007 and 2008 show no deductions for SGLI 
premiums.  His LESes for July, September, and December 2007 and March, June, and September 
2008 include a summary of his insurance coverage (Tab R), which appears as follows: 
 

•  Your coverage under SGLI/TSGLI/FSGLI is as follows: 

(1) SGLI coverage on you:  $0 
(2) TSLGI coverage on you:  $0 
(3) FSGLI coverage on children:  $0 
(4) FSGLI coverage on spouse:  $0 

 
 
The applicant’s original eight-year service obligation was slated to end on November 27, 
2008.  Although he was dying, the command apparently unsuccessfully attempted to reenlist him 
in the Reserve for two years on November 13, 2008 (Tab T23).  The applicant died on December 
9, 2008, after having signed and submitted his BCMR application.  Thereafter, his father, who 
would be the applicant’s beneficiary, agreed to represent him in this case as next of kin. 
 

VIEWS OF THE COAST GUARD 

 

On April 30, 2009, the Judge Advocate General (JAG) of the Coast Guard submitted an 

 
advisory opinion in which he recommended that the Board deny relief in this case (Tab H). 
 
 
The JAG stated that the Coast Guard did not err by not transferring the applicant to the 
IRR in November 2005 because the applicant never requested transfer to the IRR.  He argued 
that under Chapter 5.B.2. of the Reserve Policy Manual (RPM),7 the “onus was on the applicant 
to request transfer to Standby Reserve status when he became aware he was too sick to drill.  The 
                                                 
7 UNITED STATES COAST GUARD, COMDTINST M1000.28A, RESERVE POLICY MANUAL (Change 2, 2003). 

[Coast Guard] was under no obligation to automatically transfer the applicant.”  The JAG argued 
that because the Service is only in touch with reservists once per month and during their two-
week annual training, it “only stands to reason that if a reserve member cannot drill due to a dis-
ability (sickness) the onus should be on the member to inform his/her reserve unit and request a 
temporary transfer if necessary” in accordance with Chapter 5.B.2.  The JAG argued that because 
the applicant submitted no evidence that he tried to initiate a transfer when he became too sick to 
drill, he has not shown that the Coast Guard erred by keeping him in the SELRES.  The JAG 
argued  that  the  applicant’s  “failure  to  avail  himself  of  the  above-listed  reserve  transfer  proce-
dures does not constitute an error or injustice by the [Coast Guard].” 
 
 
The  JAG  argued  that  the  regulation  cited  by  the  applicant,  Chapter  4.B.2.a.(2)  of  the 
RPM, did not apply to his circumstances because he “did not fail to participate; he was unable to 
participate due to his admitted sickness.” 
 
The JAG stated that the Coast Guard properly disenrolled the applicant for non-payment 
 
of premiums in 2006 after notifying him through his LESes of the arrearages and of the pending 
termination of his SGLI coverage.  The JAG noted that 38 U.S.C. § 1969 requires termination of 
a member’s insurance if the member fails to remit the cost of advanced premiums to the Secre-
tary. 
 
 
The JAG argued that the applicant’s claim “regarding the signed SGLI form dtd 30 Jan-
uary 2007 [Tab E] is without merit and of no legal moment because his SGLI was terminated 
back in May of 2006.”  He concluded that although the circumstances of this case are extremely 
unfortunate, the ultimate burden to pay his SGLI premiums was on the applicant and he failed to 
do  so.    In  addition,  the  JAG  noted  that  SGLI  is  administered  by  the  Department  of Veterans’ 
Affairs (DVA), not the Coast Guard, and that in BCMR Docket No. 2007-004, which concerned 
a claim for Family SGLI, the Board stated that it “is not aware of any correction that it could 
make  to  the  applicant’s  Coast  Guard  record  that  would  bind  the  DVA/OSGLI  or  that  would 
entitle the applicant to a sum of money under a Coast Guard regulation as a substitute for the loss 
of benefit he expected to receive under FSGLI.”  The JAG stated that the Board has no jurisdic-
tion to correct the records of the SGLI office (OSGLI) at the DVA, to demand that it ignore cer-
tain facts, or to insist that it pay the applicant. 
 
 
The JAG attached to his advisory opinion, but did not adopt, a memorandum from the 
Chief of the Office of Reserve Affairs, who recommended that the Board grant full relief (Tab I).  
This officer stated that the applicant should have been assigned to the IRR from November 27, 
2005, to November 28, 2006, but that his unit did not do so “because they wanted to ensure that 
he had a [SELRES] billet to return to when well enough to drill again.”  He stated that his con-
sultations with the Reserve Program Management “indicated that the actions taken by the Coast 
Guard Command were improper and not in accordance with Reserve Policy Manual assignment 
policy.” 
 
 
The JAG also attached a statement signed by YN1 K (Tab S), to whom the applicant gave 
the SGLV-8286 that he signed on January 30, 2007.  She stated that she has no recollection of her 
conversation with the applicant and cannot explain why “Reduce the amount of your insurance 
coverage is checked vice the Decline insurance coverage.”  YNI K stated that when she “encoun-

ter[ed] a member that was declining coverage for SGLI, I would let them know if they decided in 
the future to elect coverage again they would have to fill out a SGLV 8285 and have it signed by 
the command, risking not being covered again if they were not insurable due to health reason.  I 
otherwise do not try to persuade a member to elect or not to elect coverage as it is a personal 
decision they make on their own.” 

 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
On May 11, 2009, the Chair sent the applicant a copy of the views of the Coast Guard.  
The applicant’s representative requested and was granted extensions of the time to respond to the 
views of the Coast Guard and submitted a response on May 5, 2010 (Tab T).  Although the appli-
cant died in 2008, his representative’s allegations and arguments, summarized below, are attribut-
ed to him. 
 
The applicant stated that he was diagnosed with leukemia after he went to a hospital in 
 
Charleston, South Carolina, on November 21, 2005, complaining of “fullness of the abdomen, 
flu-like symptoms, decreased appetite, diarrhea, and weight loss.”  He remained in the hospital 
until December 16, 2005, for treatment, including a splenectomy, and upon discharge, went to 
Iowa to be near his parents.  From January 18 to February 17, 2006, the applicant was admitted 
to a hospital in Iowa.  For the first ten days of this hospitalization, he underwent chemotherapy in 
preparation  for  a  bone  marrow  transplant  with  stems  cells  from  a  sibling,  which  occurred  on 
January 28, 2006.  Because the chemotherapy affected his heart, he was given intravenous ster-
oids.  Upon his discharge from the hospital, a doctor noted that “[t]hroughout his hospitalization, 
his appetite remained poor.  His caloric intake was only approximately 500 – 8000 cc daily.  He 
still had residual nausea.”  The doctor also noted that the applicant was “[p]erforming activities 
of daily living without difficulty” and that he was encouraged to perform mild exercise, such as 
walking.  Thereafter, he “continued to make weekly visits to the Hematology and Oncology clin-
ics during the course of his recovery, which included continued chemotherapy, treatment for graft 
vs. host disease, treatment against opportunistic infections, and treatment for the side-effects of 
anti-rejection  medications.”    In  July  2006,  he  suffered  another  “blast  crisis”  and  underwent  a 
third leukocyte infusion.  He had a fourth infusion on October 16, 2006.  However, he returned to 
South Carolina and resumed drilling in December 2006 after he was found to be in “complete 
molecular remission.”  (Medical records at Tabs T3-T6, T10.) 
 
 
The applicant noted that while he was in Iowa in 2006, he was not drilling in the SEL-
RES although he was retained on the SELRES rolls.  He submitted a copy of an email (Tab T8) 
sent by a Payment Approving Official in the Servicing Personnel Office for Sector Charleston to 
a chief in the applicant’s command on September 18, 2006, which notes that the applicant had 
not been drilling and  asks whether  “the unit started the process to  either  get him to complete 
drills  or  release  him  from  the  SELRES.”    In  response,  on  September  29,  2006,  ESU  Miami 
requested  a waiver of the participation requirements for the applicant in 2006, noting that the 
applicant  had  been  diagnosed  with  leukemia  and  received  several  surgeries  and  bone  marrow 
transfusions in Iowa but was medically cleared to return to Charleston in October 2006 (Tab T9).  
ESU Miami stated that “[m]ember’s desire is to continue in the reserves at ESD Charleston.”  
ESU Miami noted, “It was believed that he would be able to return sooner to complete his drills 
but the leukemia treatment took longer than expected.” 

 
 
The  applicant  stated  (Tab  B)  that  after  returning  to  drilling  in  December  2006,  he 
received a bill for back premiums.  Therefore, he called and spoke to an SGLI spokesperson and 
“asked if the policy was any good if he was not on active duty, and the spokesperson said that it 
was not. … Based on the advice he received, he told the Coast Guard to drop his insurance.”  
(The applicant did not identify this spokesperson or state whether he  called a Coast Guard or 
DVA  SGLI office.) 
 
 
The applicant stated that because of his leukemia, the Coast Guard convened a medical 
board in 2008 (Tab T13), which concluded that he was unable to serve in the military and would 
“never be fit for full duty.”  The applicant rebutted the medical board’s findings and argued that 
he was fit for full duty and should be retained (Tab T14-15).  His command favorably endorsed 
this request and found that his leukemia was incurred in the line of duty (Tab T16).  The appli-
cant asked the Board to consider, when deciding whether his records should be corrected to make 
him eligible for SGLI, that his leukemia might have begun prior to his release from active duty. 
 
 
The applicant stated that in June 2008, before he reported for his two weeks of annual 
training, he began to feel ill.  On June 20, 2008, while serving on annual training, he was diag-
nosed  with  a  relapse  of  the  leukemia  (Tab  T18).      He  did  not  drill  thereafter.    The  applicant 
alleged that no one at his command raised the issue of his life insurance until November 2008. 
 
 
The applicant submitted a copy of an email dated November 10, 2008, from his supervi-
sor at ESD Charleston stating that a YN2 had told him there was no SGLI paperwork for the 
applicant and that he had not been paying premiums (Tab T19).  The supervisor stated that he did 
not know if that was because the applicant had declined SGLI or for some other reason.   
 
 
When members of the applicant’s unit learned that he had no SGLI coverage, they raised 
the money needed to pay the premiums he had not been charged after his coverage was termi-
nated (Tab T25).  However, the PSC would not allow his record to be corrected to show that he 
was still enrolled in SGLI so that the money raised could be used to pay his premium arrearages 
and he would have SGLI coverage (Tab T27). 
 
 
sonnel, which he alleged show that the Coast Guard admitted they had erred: 
 

The applicant submitted several emails and communications between Coast Guard per-

 

 

•  On November 10, 2008, an ETC at ESD Charleston stated that the unit had no SGLI 
paperwork for the applicant and that no premiums were deducted on his most recent 
LES.  He stated that the unit was “trying to determine if there is no SGLI because he 
declined it or for some other reason.  Unfortunately, he is still being carried on the 
PAL for ESU Miami and I don’t think that’s helping.” (Tab T19) 

•  The Miami Integrated Support Command responded by forwarding documents from 

the applicant’s record, including the SGLV-8286 dated January 30, 2007. (Tab T20) 

•  On November 12, 2008, the ETC sent an email stating that the applicant’s “enlistment 
ends on [November] 27th.  Any reason I should have him reenlist?  Also, he declined 

 

 

 

 

 

 

 

SGLI in January of 2007.  He was under the impression that he had to be in a drilling 
status for someone to receive the money.  Once you decline, you have to ask for the 
insurance.  The form asks for a command endorsement stating, basically, he is fit for 
full duty.  Any ideas?  His dad broke down with me yesterday saying that on top of 
everything else, he’s out of money.” (Tab T22) 

•  On November 13, 2008, the ETC wrote an email noting that a lieutenant was working 
on the applicant’s SGLI issues and that they had had him sign a statement explaining 
why he declined SGLI in January 2007. (Tab T25) 

• 

In response, someone at the ESD noted that the applicant’s colleagues “are ready to 
donate funds for the SGLI arrears payments if needed.” (Tab T25) 

•  Also  on  November  13,  2008,  the  ETC  wrote  an  email  noting  that  the  applicant’s 
SGLV-8286 dated on January 30, 2007, had been rejected and therefore the applicant 
was merely in arrears on his premiums.  He stated that the command would be “pass-
ing around the hat” to collect the money. (Tab T25) 

•  On November 15, 2008, the Command Master Chief at ESU Miami advised his com-
manding  officer  that  money  had  been  collected  to  cover  the  applicant’s  SGLI  pre-
miums. (Tab T25) 

•  On November 17, 2008, the Command Master Chief wrote an email stating that suffi-
cient money had been collected to pay the applicant’s SGLI arrearages and asking for 
information about the exact amount due and to whom the money should be sent.  An 
Assistant  Branch  Chief  for  Military Accounts  Support  replied  that  a  lieutenant  had 
approved their effort and that his team was working on the matter.  The Command 
Master Chief stated that they could pay by credit card. (Tab T25) 

•  Also on November 17, 2008, the ETC sent emails stating that they had raised more 
than $1,000, that he had given the Personnel Service Center his credit card to pay the 
applicant’s  arrearages  of  $860  but  that  the  payment  would  not  be  processed  until 
Wednesday.  In response, a chief warrant officer working in decedent affairs stated 
that he should ensure that the applicant completed a new SGLV-8286 and that SGLI 
deductions are started. (Tab T25) 

•  On December 10, 2008, Commander, Personnel Command advised a Rear Admiral 
that the applicant had died and that his command had “taken steps to ‘re-enroll’ the 
member in SGLI following a reenlistment.”  The Rear Admiral responded by stating 
that  something  “went  wrong  with  Sector  Charleston’s  attempt  at  reenrolling  [the 
applicant] in SGLI.  It may be worthwhile for someone in (rpm) to talk with [stricken] 
who is a bit distraught that no one called him about properly getting [the applicant] 
back into the SGLI coverage arena.  It appears that it was not done correctly.  It’s a 
complex tale of  good intentions/too many  errors.  He was  going to talk  with CDR 
[stricken] CG-13 next and then consider talking to the BCMR attorney to see if their 
decision can be expedited.” (Tab T27) 

 

 

 

 

 

•  The same day someone wrote an email in response stating that “[a]s far as service line 
within PSC, SGLI is mentioned only in the PSD FS functional statement.  However, it 
is one I am teeing up for realignment either to CG-122 or PPC.  I see the execution of 
such personnel actions as command and SPO responsibilities.  The policy oversight 
remains at CG-122 while execution and processing would be a PPC service line.  But 
again,  one  of  the  functions  that  I  expect  will  require  some  arbitration.”    Someone 
responded to this email stating, “As it may be necessary to respond to the indication 
of  ‘good  intentions/too  many  errors’  in  trying  to  reenlist  [the  applicant]  with  new 
SGLI election, please provide me with candid input on any and all direct participa-
tion/influence or sideline observations you or any (adm) staff may have had.” (Tab 
T27) 

•  Also on December 10, 2008, Commander, Personnel Command sent an email asking 
“What CGPC/PSC lessons can be learned on this incident?  Let’s think about this one 
in a Service Line context and what word we’d need to put out to the PSSUs on an 
issue like this.  Also, we need to gain the background to quickly handle the BCMR.” 
(Tab T29) 

•  Someone  else  responded  that  his  staff  was  creating  a  timeline  and  that  he  is  “con-
cerned  that  RPM  is  characterized  as  the  main  action  office  by  CG-12  and  that  we 
somehow ‘dropped the ball’ when this is not the case.  My understanding is this situa-
tion  had  the  involvement,  and  was  influenced  by,  the  action  of  several  offices  at 
CGHQ/CGPC other than CGPC-rpm.  I believe this situation has been evolving over 
the last several weeks.  In response, Commander, Personnel Command stated that he 
did not believe that RPM had “dropped the ball” but that CG-12 was “looking for his 
action arm regarding reserve issues.” (Tab T29) 

•  On December 11, 2008, the Commanding Officer of the Personnel Service Center in 
Topeka, Kansas, stated in an email that the unit’s attempts to reenroll the applicant in 
SGLI  were  disallowed  because  his  coverage  had  been  terminated  based  on  non-
payment of premiums and he had submitted an SGLV-8286 declining coverage.  He 
stated that he is “the first one to want to help a shipmate in need, but we will always 
keep  things  above  board  and  legal  in  doing  so.  ...  [T]he  initial  approach  to  doing 
‘something to help’ was not on target.  PPC involvement with SGLI is really mini-
mal—this is mostly a SPO function with members, although we may get involved as 
it relates to pay and/or direct access related issues.  Of course depending on SPO ser-
vice line management in the future, we may take a larger role.” (Tab T27) 

The applicant alleged that he was denied SGLI because of a failure in leadership at his 

 
command in November 2005 when he was diagnosed with leukemia.  He alleged that  
 

[a]t that point, or sometime thereafter, but long before Applicant ever cancelled his SGLI policy, 
his command should have recognized that it had an SGLI-eligible member with a potentially fatal 
illness who was in danger of having his SGLI lapse for non-payment of premiums and in need of 
individualized counseling regarding his SGLI options.  It does not appear that Applicant  was ever 
counseled by his command about any of these options, and he was left to fend for himself.  Later, 

rather than ensure that he was adequately advised, his command permitted him to cancel his SGLI 
based on erroneous advice.   Moreover, his command should have followed  Coast Guard policy 
and placed Applicant in the IRR or the Standby Reserve when it was apparent that he was too sick 
to drill, and transferred him back to the SELRES upon recovery.  Had it done these things, it is 
unlikely that Applicant would have died without SGLI coverage. 

 
 
Regarding the JAG’s argument that Coast Guard regulations reasonably place the burden 
on a reservist to notify the Coast Guard that he needs to transfer out of the SELRES because of 
an illness, the applicant argued that no statute allows the Coast Guard  
 

to exercise less diligence with respect to its reserve members [than its active duty members].  To 
suggest that there is any correlation between the Coast Guard’s obligation to its reserve members 
and the amount of contact it has with them both ignores the Congressional mandate and margina-
lizes  the  relationship  the  reservist  has  with  the  Coast  Guard,  relegating  members  of  the  Coast 
Guard Reserve to the status of “second class citizens.” … In this regard, it does not “stand to rea-
son” that a reservist too sick to drill, in and out of a hospital far away from his unit, should be held 
to some rigid standard, including a requirement to submit an e-resume in Direct Access, when he 
has a chain of command who should be helping him to make informed decisions about whatever 
elections he might make regarding his status, and who are required to follow Coast Guard policy 
irrespective of the amount of contact they have with him. 
 
 
 
The  applicant  repeated  his  argument  that  Chapter  4.A.2.a.(2)  of  the  RPM  did  apply  to 
him in 2006 because he was not drilling satisfactorily.  Moreover, he alleged, the Coast Guard 
could have transferred him to the IRR or the Standby Reserve under Chapters 5.B.2. and 5.B.5., 
and he would have requested transfer back to the SELRES in December 2006.  In addition, he 
stated,  “it  does  not  appear  that  [the  applicant]  was  ever  counseled  regarding  his  ability  to 
‘request’ transfer to the Standby Reserve.” 
 
 
The applicant argued that the Coast Guard had a duty to ensure that he received proper 
counseling when he inquired about his SGLI entitlement in January 2007 but failed to do so.  He 
alleged that YN1 K may be the SGLI spokesperson he spoke to on the telephone in January 2007 
and pointed out that, if she was the person he spoke to, she did not deny in her statement having 
told him that he was not entitled to SGLI because he was not on active duty  and she did not 
claim that she normally counsels SELRES members about their eligibility for SGLI (Tab S).  The 
applicant claimed that his statement that he was misadvised about his SGLI eligibility in January 
2007 by an SGLI spokesperson (Tab B) overcomes the presumption of regularity accorded who-
ever counseled him.  He argued that as soon as he was diagnosed with a potentially fatal illness, 
the Coast Guard should have counseled him about his life insurance plan and the Accelerated 
Benefit Option that provides resources prior to death if a doctor states that one has less than nine 
months to live.  He argued that the fact that no regulation requires SGLI counseling under such 
circumstances is irrelevant because it is a fundamental benefit of military service and the conse-
quences of not counseling a member are so great. 
 
 
The applicant argued that his command should have known or learned that his SGLI cov-
erage was ending due to non-payment of premiums, counseled him about the matter, and done 
whatever they could within policy to protect him, such as transferring him to the IRR or Standby 
Reserve.  He further argued that even if the Board finds that the Coast Guard committed no error 
in this case, it certainly shocks the sense of justice that a reservist was permitted to die without 

APPLICABLE LAW 

 

 

Regulations Regarding Reservists’ Failure or Inability to Drill 
 
 
M1000.28A,8 concerns members’ absences from scheduled drills and states the following: 
 

Chapter  2.B.3.  of  the  Reserve  Policy  Manual  (RPM)  in  effect  in  2005,  COMDTINST 

a.  Reservists  who are unable to perform scheduled inactive duty  must inform their supervisors 
immediately.    Usually,  schedule  conflicts  for  reasonable  reasons  (such  as  temporary  civilian 
employment conflicts) may be worked out between the command and the reservist and the drill 
rescheduled.  If a notification of a scheduled drill conflict occurs within 48 hours of the start of the 
scheduled drill, the drill may be rescheduled only for the following reasons:  
 
(1)  Illness or injury of reservist. … 
 
b.  If a reservist is absent from a scheduled drill for any other reason than listed above, the absence 
must be recorded as unexcused and may not be rescheduled … .  Unit commanders may grant an 
excused absence based on a reservist’s prompt notification and submission of adequate justifica-
tion.  

SGLI because he was misadvised about his eligibility and the Coast Guard failed to do the things 
that it should have done to prevent it. 

 

Chapter 4.A. of the RPM states that satisfactory participation in the SELRES requires, 
inter alia, attendance at 90% of scheduled drills per fiscal  year and completion of 12 days of 
annual training per fiscal year.  Unsatisfactory participation is defined as follows: 

 
Unsatisfactory participation is the failure to comply with any of the contractual obligations or pro-
gram requirements listed above. Participation is also considered unsatisfactory when members of 
the SELRES acquire at least nine unexcused absences from scheduled training within a 12-month 
period or fail to meet standards prescribed for annual screening, training for advancement, or per-
formance of duty. 
 
 
Chapter  4.B.  of  the  RPM  concerns  the  counseling  and  administrative  and  disciplinary 
measures to be taken when members fail to drill satisfactorily, fail to undergo required physical 
or dental examinations, or fail to respond to an annual screening questionnaire.9 Chapter 4.B.2.a. 
states that  
 

Ready Reservists who have not fulfilled their statutory military service obligation (MSO) under  
10 U.S.C. 651, and whose participation has been unsatisfactory, may be processed as follows:  
 
(1)  They may be ordered involuntarily to active duty … 
(2)  They may be transferred to or be retained in the IRR for the balance of their statutory MSO if 
they still possess the potential for useful service if mobilized.  
(3)  Enlisted members may be discharged for unsatisfactory participation. … 
(4)  [Their entitlement to educational benefits may be suspended.]  

                                                 
8 UNITED STATES COAST GUARD, COMDTINST M1000.28A, RESERVE POLICY MANUAL (Change 2, 2003). 
9  Form  CG  PPC-3799R,  the  Reserve  Annual  Screening  Questionnaire,  requires  Reserve  a  member  to  notify  his 
chain of command of anything, even a temporary condition, that prevents him from mobilizing on short notice on 
the questionnaire itself and further requires the reservist to agree to notify his command immediately in writing if his 
deployment ability changes due to a medical condition. 

 
Regulations Regarding Reserve Assignments and Transfers 
 
 
Chapter  5.A.1.  of  the  RPM  concerns  the  assignment  of  Reserve  members  to  SELRES 
billets.  It states that certain Coast Guard units are allocated SELRES positions on the Reserve 
Personnel  Allowance  List  (RPAL),  that  reservists  are  assigned  to  vacant  RPAL  positions  for 
which  they  are  qualified  within  their  region,  and  that  in  making  assignments,  “Service  needs 
come first.”   
 

Chapter 5.B.2. of the RPM, entitled “Transfers to the IRR,” states that members with no 
remaining  SELRES  obligation  may  request  transfer  to  the  IRR  at  any  time  and  may  request 
transfer back to the SELRES “once the reason for the transfer to the IRR no longer applies.  If 
the reason for transfer is due to temporary physical disability or hardship, the member shall be 
transferred to the Standby Reserve and not to the IRR (see 5.B.5).”  Chapter 1.C.3.a.(1) states the 
following about transfers to the active status list of the Standby Reserve: 
 

Members who have been transferred from the Ready Reserve because of temporary hardship, dis-
ability, or other cogent reasons, and who intend to return to the Ready Reserve.  Members with a 
military service obligation may temporarily be placed in the Standby Reserve, but shall be trans-
ferred back to the Ready Reserve at the earliest possible date.  

Chapter  5.B.3.a.  of  the  RPM,  entitled  “Transfers  from  the  Ready  Reserve,”  states  the 

 
 
following: 
 

All  SELRES  reservists  shall  be  retained  in  SELRES  assignments  for  the  entire  period  of  their 
statutory SELRES obligations or voluntary contracts.  All Ready Reservists shall be retained in the 
Ready Reserve for the entire period of their statutory military service obligations.  Exceptions to 
this  policy  are  reservists  who  are  temporarily  not  physically  qualified  to  participate  in  regular 
training, [emphasis added]… . They shall be transferred to the Standby Reserve at their request or 
as a result of annual screening, subject to the following conditions:  
 
(1) Members shall be transferred back to the Ready Reserve [which includes the SELRES and the 
IRR] as soon as the reasons for transfer no longer exist; they generally shall remain in the Standby 
Reserve for no longer than two years, with subsequent return to the SELRES;  
(2) Members are required, after returning to the SELRES, to satisfy their original obligation; … 
 
Chapter  5.B.5.  of  the  RPM  concerns  “Temporary  Physical  Disqualification”  as  that 

phrase is used in Chapter 5.B.3. and states the following: 

 
a.  Temporary  physical  disqualification,  for  the  purpose  of  transfer  to  the  Standby  Reserve,  is 
defined as a disability that is temporary in nature but is expected to last for 4 months or more.  If 
the disability is expected to last less than 4 months, the reservist shall be retained in the SELRES 
and the command shall either schedule the reservist for IDT training in a limited duty status (ADT, 
ADOT or mobilization must still be deferred until the member is in a fit for full duty status), or 
shall reschedule drills for when the member is fit for full duty.  Reservists who are not physically 
qualified to participate in training and who are not expected to return to a fit for duty status shall 
not be transferred to the Standby Reserve, but instead shall be transferred to the Retired Reserve or 
separated.  
 
b. For transfer back to the Ready Reserve from the Standby Reserve when a temporary physical 
disqualification no longer exists, documentation from a civilian healthcare provider can be used to 

support the transfer, or an RMP without pay can be issued by the servicing ISC (pf) to provide an 
evaluation to support the transfer.   
 

Law Regarding SGLI 
 

Title 38 U.S.C. § 1969(a)(2)(B) states the following:  

 

 

If an individual who is required pursuant to subparagraph (A) to make a direct remittance of costs 
to  the  Secretary  concerned  fails  to  make  the  required  remittance  within  60  days  of  the  date  on 
which such remittance is due, such individual's insurance with respect to which such remittance is 
required shall be terminated by the Secretary concerned. Such termination shall be made by writ-
ten notice to the individual's official address and shall be effective 60 days after the date of such 
notice. Such termination of insurance may be vacated if, before the effective date of termination, 
the individual remits all amounts past due for such insurance and demonstrates to the satisfaction 
of the Secretary concerned that the failure to make timely remittances was justifiable. 

 
Chapter  5-A-9  of  the  Personnel  and  Pay  Procedures  Manual10  states  that  “[r]eservists 
 
enrolled in SGLI who do not drill temporarily, but remain in a good pay status, will accrue a 
negative SGLI premium.  Upon resumption of a drilling status, the system will deduct the nega-
tive premium balance from the member’s pay. If the member does not drill for pay within five 
months and no SGLI payments is made SGLI coverage will be administratively terminated.” 
 
 

The  Servicemembers’  and  Veterans’  Group  Life  Insurance  Handbook  (SGLI  Hand-
book),11  published  by  the  Veterans  Benefits Administration,  provides  contact  information  for 
members needing SGLI advice and also contains the following pertinent provisions: 
 

Chapter 1.01.d. of the SGLI Handbook states that “[m]embers on active duty, active duty 
for training or inactive duty for training and members of the Ready Reserve or National Guard 
are automatically covered for $400,000, the maximum amount of coverage.” 
 

Chapter 1.01.f. of the handbook states that “[m]embers who elect to be insured for less 
than the maximum amount, or elect to decline coverage entirely, must also complete form SGLV 
8286, Servicemembers’ Group Life Insurance Election and Certificate.” 
 

Chapter 1.03 of the handbook states that members of the SELRES are eligible for full 
SGLI coverage, whereas members of the IRR are only eligible when they are mobilized under 
Title 10. 
 

Chapter 1.04 of the handbook defines the effective date of insurance as follows: 

b. For members who previously declined coverage or elected to be insured for less than the maxi-
mum  amount,  the  effective  date  of  coverage  is  the  date  an  application  electing  coverage  or  an 
increase  in  coverage  is  received  by  the  member’s  branch  of  service.  If  it  is  necessary  for  such 
application to be forwarded to the OSGLI for review, the effective date of coverage will be the 

                                                 
10 UNITED STATES COAST GUARD, HRSICINST M1000.2A, PERSONNEL AND PAY PROCEDURES MANUAL (CHANGE 
8, 2002). 
11 VETERANS BENEFITS ADMINISTRATION, H-29-98-1, SERVICEMEMBERS’ AND VETERANS’ GROUP LIFE INSURANCE 
HANDBOOK (Aug. 2009). 

date  the  application  was  received  by  the  service.  However,  premium  deductions  will  not  begin 
until OSGLI has approved the application. 

Chapter 1.06 of the handbook concerns the extension of SGLI benefits based on a mem-

ber’s disability and states the following: 
 

 

 

 

 

 

 

 

a. Full-time  Coverage. If a  member  who has  full-time SGLI coverage, is totally disabled at the 
time of separation or release from active duty, Ready Reserves or National Guard, SGLI coverage 
will continue for as long as the member remains totally disabled, up to a maximum of two years 
from the date of release or separation, but in no event less than 120 days from the date of separa-
tion or release. Hereafter, this coverage is called the SGLI Disability Extension.  
An application for the SGLI Disability Extension may be obtained at the forms download page on 
this  site.  It  is  recommended  that  members  apply  for  the  SGLI  Disability  Extension  within  120 
days from discharge so that if they are found ineligible for the SGLI Disability Extension they will 
be  automatically  approved  for  Veterans’  Group  Life  Insurance  coverage  without  any  health 
review. 

Chapter 1.08.a. of the SGLI Handbook states the following: 

(1)  Elections  and  designations  for  members  insured  under  full-time  coverage  are  effective  only 
during the period of duty in which a member is serving and for 120 days thereafter. (If a member 
is totally disabled, this period is extended to two years following separation or release.) 

(6) An election to be insured for a reduced amount or an election not to be insured does not apply 
to a new period of coverage. Unless a new election to be insured for a reduced amount or an elec-
tion  not  to  be  insured  is  filed  with  the  member's  uniformed  service,  a  new  period  of  coverage 
begins in the amount of $400,000 and any prior election not to be insured or to be insured for a 
reduced amount is canceled. 

●   ●   ● 

Chapter 1.09.a. of the handbook states the following about SGLI counseling: 

Under the provisions of the Veterans Benefits Improvements Act of 1996 (Public Law 104-275), 
the uniformed services are required to furnish members general information regarding life insur-
ance  whenever  a  member  has  the  opportunity  to  make  an  election  not  to  be  insured  or  to  be 
insured in an amount less than the maximum amount of $400,000, and at other times periodically. 

Chapter 3.01 of the handbook states the following: 

a. Members reporting for duty in one of the uniformed services who do not want to be insured or 
who prefer less than $400,000  maximum coverage  must complete and  file a  form  SGLV 8286, 
Servicemembers’  Group  Life  Insurance  Election  and  Certificate,  with  their  uniformed  service. 
(See appendix A)  
b.  Insured  members  who  desire  a  lesser  amount  of  insurance  coverage  or  no  insurance  must 
request a change by completing a new form SGLV 8286 and filing it with the uniformed service. 
Requests for reduced coverage or no coverage made prior to any legislated increase in coverage 
have no effect under the new law.  
c. A reduction or cancellation of insurance coverage is effective at midnight of the last day of the 
month in which the form is received by the uniformed service. 

Chapter 4.01.a. of the handbook states that “Maximum coverage, previously declined or 
reduced, is automatically restored without evidence of good health when a member re-enters on 
duty (in the same or another uniformed service).” 

Chapter 13.01.a. of the handbook states that the Department of Veterans’ Affairs makes 

the following conclusive policy determinations:  
 

(1) The status of any person as a member as defined in chapter 1, or as a veteran and whether or 
not a person is insured for SGLI or VGLI at any point of time.  
(2) The fact and date of a member’s separation or release from active duty or active duty for train-
ing.  
(3) The fact, date, and hours of a member’s performance of inactive duty for training.  
(4) Whether a member eligible for part-time coverage suffered disability or death while on active 
duty, active duty for training or inactive duty training or while proceeding directly to or returning 
directly from such duty so as to be insured at death or for 120 days after the date of the termination 
of such duty.  
(5) The  fact  and  dates  with  respect  to  a  member’s  absence  without  leave;  confinement  by  civil 
authorities under a sentence adjudged by a civil court; or confinement by military authorities under 
a court-martial sentence involving total forfeiture of pay and allowances.  
(6) The enforcement of the provisions as set forth in paragraph 1.10 with respect to any member or 
veteran.  
(7) Whether an individual is  a  member of or is eligible  for assignment to the Individual Ready 
Reserve or the Inactive National Guard. 

 

FINDINGS AND CONCLUSIONS 

The Board makes the following findings and conclusions on the basis of the applicant’s 

 
 
military record and submissions, the Coast Guard’s submissions, and applicable law: 
 

The Board has jurisdiction concerning this matter pursuant to 10 U.S.C. § 1552.  

The application is timely. 

1. 

 
2. 

The applicant alleged that when he fell ill with leukemia in November 2005, his 
command erroneously failed to transfer him to the IRR or the Standby Reserve and that this fail-
ure caused him to be unjustly disenrolled from SGLI.  The Board begins its analysis in every 
case by presuming that the disputed information in the applicant’s military record is correct as it 
appears in his record, and the applicant bears the burden of proving by a preponderance of the 
evidence that the disputed information is erroneous or unjust.12  Absent evidence to the contrary, 
the Board presumes that Coast Guard officials and other Government employees have carried out 
their duties “correctly, lawfully, and in good faith.”13  For the reasons stated below, the Board 
finds that the applicant has proved by a preponderance that the Coast Guard’s failure to transfer 
him  temporarily  to  the  Standby  Reserve  when  he  was  temporarily  physically  disqualified  for 
SELRES duty was contrary to Reserve assignment policy and therefore erroneous. 
                                                 
12 33 C.F.R. § 52.24(b). 
13 Arens v. United States, 969 F.2d 1034, 1037 (Fed. Cir. 1992); Sanders v. United States, 594 F.2d 804, 813 (Ct. Cl. 
1979). 

The applicant cited Chapter 4.B.2.a.(2) of the RPM14 in support of his claim that 
he should have been transferred to the IRR when he was diagnosed with leukemia.  The Board 
agrees with the JAG, however, that Chapter 4.B. applies to reservists who willfully fail to drill, 
not to those who are temporarily too ill to drill.  Because the applicant’s absences were excused 
due to his illness in accordance with Chapter 2.B.3.a.(1), Chapter 4.B.2.a.(2) did not apply to his 
situation.  Moreover, Chapter 4.B.2.a.(2) states that such unsatisfactory performers may be trans-
ferred to the IRR “for the balance of their statutory MSO,” which means that the applicant would 
not have been able to return to the SELRES under this provision.  Therefore, had he been trans-
ferred to the IRR for the remainder of his MSO pursuant to Chapter 4.B.2.a.(2), he could not 
have had SGLI coverage automatically restored under Chapter 4.01.a. of the SGLI Handbook.15  
The Board also notes that Chapter 5.B.2. of the RPM, which was cited by the JAG, did not apply 
to the applicant’s situation because he had affiliated with the SELRES for the remainder of his 
MSO to receive a bonus and therefore had a remaining SELRES obligation.16 

 
3. 

 
4. 

Although not cited by the JAG, the Board finds that Chapter 5.B.3. of the RPM 
applied to the applicant’s situation in 2006.  Under Chapter 5.B.3.a., members who cannot drill 
because of a temporary physical disqualification shall be temporarily transferred to the Standby 
Reserve  upon  their  request  or  if  an  annual  screening  reveals  they  are  unfit  for  mobilization.  
Under  Chapter  5.B.3.a.(1),  such  members  shall  be  returned  to  the  SELRES  when  they  are  no 
longer physically disqualified.  Chapter 5.B.5. states that a temporary physical disqualification is 
a disability that “is expected to last for 4 months or more” and that members with shorter-term 
disabilities should be retained in the SELRES.  There is little evidence regarding how long the 
command expected the applicant to be absent when he revealed his diagnosis in November 2005.  
On  September  29,  2006,  ESU  Miami  sent  a  memorandum  stating  that  they  had  retained  the 
applicant because his “desire is to continue in the reserves at ESD Charleston. … It was believed 
that  he  would  be  able  to  return  sooner  to  complete  his  drills  but  the  leukemia  treatment  took 
longer  than  expected.”  (Tab  T9)  Thus,  the  command  appears  to  have  acted  initially  with  the 
expectation that the applicant would be absent for less than four months and would be able to 
make up his drills before the end of the year, and that expectation was presumably based on what 
the applicant told them since he was receiving civilian medical care.  Therefore, the Board finds 
that the applicant has not proved that his command erred by retaining him in the SELRES during 
the four months following his diagnosis in November 2005. 
 
 
However, upon the expiration of the four months, the applicant’s command did 
nothing even though the applicant clearly was not going to be well enough to drill for at least 
several more months.  The Chief of the Office of Reserve Affairs at the Personnel Service Center 
stated in an attachment to the advisory opinion (Tab I) that by doing nothing when it was clear 
that the applicant would be too sick to drill for many months, the applicant’s command violated 
Reserve assignment policy.  The Chief of the Office of Reserve Affairs did not cite a specific 
provision  of  the  RPM,  and  Chapter  5.B.  does  not  expressly  require  a  command  to  transfer  a 

5. 

                                                 
14 UNITED STATES COAST GUARD, COMDTINST M1000.28A, RESERVE POLICY MANUAL (Change 2, 2003). 
15 VETERANS BENEFITS ADMINISTRATION, H-29-98-1, SERVICEMEMBERS’ AND VETERANS’ GROUP LIFE INSURANCE 
HANDBOOK (Aug. 2009). 
16  See  applicant’s  September  2005  LES;  UNITED  STATES  COAST  GUARD,  COMDTINST  7220.1A,  SELECTED 
RESERVE (SELRES) ENLISTED BONUS PROGRAMS, Encl. (3) (1998). 

SELRES member to the Standby Reserve when he does not return to drill within four months.  
However, Chapter 5.B.5. of the RPM clearly indicates that SELRES members who are unfit to 
drill for more than four months are supposed to be transferred to the Standby Reserve, pursuant 
to Chapter 5.B.3. of the RPM, whether upon the member’s request or upon the command’s dis-
covery of the member’s unfitness pursuant to an annual screening or, presumably, other commu-
nication.  The Board notes that the JAG argued that SELRES members are only transferred to the 
IRR or the Standby Reserve if they request it, but this argument ignores the provision in Chapter 
5.B.3.a. that states that the member shall be transferred to the Standby Reserve if the command 
discovers he is temporarily physically disqualified during an annual screening.  The Board does 
not believe that these regulations can reasonably be interpreted as permitting reservists to retain 
their SELRES billets even if they are too sick to drill for many months unless they request trans-
fer to the Standby Reserve.  Take the case, for example, of a reservist who, one week after annual 
screening, acquires a disability that will prevent him from drilling for a year.  Moreover, under 
10 U.S.C. § 10149, SELRES members who are not fit for mobilization must be transferred to the 
Standby Reserve, discharged, or retired.17  Form CG PPC-3799R, the Reserve Annual Screening 
Questionnaire, not only requires a reservist to notify his chain of command of any illness that 
prevents  him  from  mobilizing  on  short  notice  on  the  questionnaire  itself,  but  also  requires  a 
reservist to notify his command immediately in writing if his deployment ability later changes 
due to a medical condition.18 (Tab X)  Therefore, it is not reasonable to interpret Chapters 5.B.3. 
and  5.B.5.  as  not  having  required  the  applicant’s  command  to  transfer  him  to  the  Standby 
Reserve just because the command may have learned of his long-term disability through some 
means other than the annual screening questionnaire. 
 

The Board also notes that Chapter 5.A.1.c.1. of the RPM states, “In distributing 
and assigning members, Service needs come first.”  Leaving a SELRES billet unfilled for more 
than a year is clearly not in the interest of the Service.19  The Board acknowledges that the appli-
cant’s command might have thought they were doing him a favor by ignoring his failure to return 
and retaining him in the SELRES.  However, the command’s good intentions do not negate the 
fact that they violated Reserve assignment policy by retaining him in the SELRES for more than 
a year when he was too sick to drill.  Therefore, the Board agrees with the Chief of the Coast 
Guard Office of Reserve Affairs that the applicant’s command erred by failing to transfer him to 
the Standby Reserve pursuant to Chapters 5.B.3. and 5.B.5. of the RPM when he did not return 
to his unit within four months of his November 2005 diagnosis—i.e., by April 2006—and was 
clearly too sick to return for many more months. 
 
 
If the applicant’s command had properly transferred him to the Standby Reserve 
in April 2006, his SGLI coverage would not have been terminated due to failure to pay premiums 
at the end of May 2006.  Instead, his coverage would have extended for 120 days past the date of 
his transfer from the SELRES, and he would have received a notice about how to convert his 
SGLI coverage to veterans’ VGLI coverage through the DVA, in accordance with Chapter 1.06 

6. 

7. 

                                                 
17  Title  10  U.S.C.  §  10149  requires  the  Coast  Guard  to  continuously  screen  Ready  Reserve  (SELRES  and  IRR) 
members to ensure they are properly skilled and able to report for active duty if mobilized and to discharge, retire, or 
transfer to the Standby Reserve those who are not. 
18  Title  10  U.S.C.  §  10205  requires  reservists  to  report  any  medical  condition,  even  a  temporary  condition,  that 
would prevent the reservist from mobilizing. 
19 Title 10 U.S.C. § 10149  requires continuous screening to avoid member attrition during a Reserve mobilization. 

of the SGLI Handbook.  Because the Coast Guard improperly failed to transfer him to the Stand-
by Reserve in April 2006, however, his SGLI coverage terminated for failure to pay premiums in 
May 2006 (Tab P), when he was still undergoing intensive treatment for leukemia (Tabs T3–T6).  
The Board notes that the applicant’s LESes during this period of intensive leukemia treatment 
included warnings about the termination of his SGLI coverage (Tab O).  However, the mailing 
address on the LESes is in Charleston, S.C., even though his command knew he was living at 
home in Iowa in 2006.  Moreover, in light of his serious illness through most of 2006, the Board 
does not believe that the LES notices should be dispositive of this case.20 
 

The record shows that when the applicant went into “complete molecular remis-
sion”  in  December  2006,  he  returned  to  Charleston,  S.C.,  took  a  civilian  job  with  the  Coast 
Guard, and began drilling in his SELRES billet again (Tab T6).  Even if the applicant had been 
properly transferred to the Standby Reserve, however, he would have been transferred back to 
the  SELRES  to  fulfill  his  obligation  when  he  was  healthy  enough  to  do  so.    Under  Chapters 
5.B.3.a.(1)  and  (2)  of  the  RPM,  when  the  reason  for  the  transfer  to  the  Standby  Reserve  no 
longer exists, members shall be returned to the SELRES to complete their obligation.  The appli-
cant had affiliated with the SELRES to receive a bonus in 2004 and therefore had a four-year 
SELRES service obligation.21   

8. 

 
9. 

Chapter 5.B.5.b. of the RPM requires a member who was transferred to the Stand-
by Reserve because of a temporary physical disqualification to provide documentation from a 
civilian health care provider to support the transfer back to the SELRES.  Although the applicant 
had been diagnosed with chronic leukemia, his medical records show that in December 2006 he 
was in “complete molecular remission.” (Tab T6)  Chapter 3.F.18. of the Medical Manual states 
that chronic leukemia is only disqualifying for military service “[w]hen response to therapy is 
unsatisfactory, or when therapy requires prolonged, intensive medical supervision.”  Moreover, 
the  applicant  did,  in  fact,  return  to  drilling  on December  19,  2006,  and  he  drilled  for  another 
eighteen months before his relapse. (Tabs Q and R)  Therefore, the Board finds that if the appli-
cant had been properly transferred to the Standby Reserve in April 2006, he would and should 
have been transferred back to the SELRES in December 2006.  Although the applicant alleged 
that he should have been counseled to complete a SGLV-8285 form to acquire SGLI coverage in 
2007, the Board notes that he would have had to report his cancer (leukemia) on the form, and 
his  commanding  officer  would  have  had  to  certify  his  fitness  to  perform  unrestricted  military 
duty. (Tab V) Although the command allowed him to drill, he has not proved by a preponderance 
of  the  evidence  that  his  commanding  officer  would  have  certified  his  fitness  or  that  the  DVA 
would have allowed his coverage just because his leukemia was in remission. 
 
 
Under Chapter 4.01.a of the SGLI  Handbook, when members re-enter on duty, 
they are automatically covered under SGLI with the maximum coverage unless they decline cov-
erage or request a reduced amount.   Therefore, upon his transfer to the SELRES in December 

10. 

                                                 
20  In  this  regard,  the  Board  notes  that  in  BCMR  Docket  No.  2002-148,  the  Chief  Counsel  of  the  Coast  Guard 
recommended granting relief and backdating health insurance coverage for an applicant’s dependent even though 
the applicant could have but failed to notice that no deductions for the premiums were shown on his LESes, and the 
applicant in that case was serving on active duty and was not disabled by any serious illness or injury.  
21  UNITED  STATES  COAST  GUARD,  COMDTINST  7220.1A,  SELECTED  RESERVE  (SELRES)  ENLISTED  BONUS 
PROGRAMS, Encl. (3) (1998). 

11. 

2006, it appears that the applicant would have been automatically covered under SGLI.  How-
ever, whether the applicant would have been covered under SGLI with the maximum coverage is 
not  up  to  the  Board.   As  Chapter  13.01.a  of  the  SGLI  Handbook  states,  the  DVA  makes  the 
conclusive determination of a member’s status and SGLI coverage at any point of time.  
 

The applicant asked the Board to correct his record to show that he did not decline 
or reduce SGLI coverage in January 2007 and elected full coverage and so was covered at the 
time  of  his  death  in  December  2008.    On  its  face,  the  SGLV-8286  form  that  the  applicant 
submitted on January 30, 2007, appears to be a  formal declination of  coverage. (Tab E)  The 
applicant  alleged,  however,  that  he  was  confused  because  of  poor  advice  he  received  from  a 
“SGLI spokesperson” in January 2007 and only declined coverage because he thought he was 
ineligible  unless  he  was  on  active  duty.  (Tab  B) Although  there  is  no  evidence  to  support  his 
claim  that  he  was  miscounseled,  the  preponderance  of  the  evidence  does  show  that  he  was 
mistaken  because  in  January  2007  there  was  no  reason  for  him  to  decline  coverage  that  had 
already been terminated in May 2006. (Tab P)  On the other hand, the applicant had paid SGLI 
premiums throughout 2005 when he was a member of the SELRES (Tab M), and the information 
that he was covered as a member of the Reserve was available at the top of the SGLV-8286 form 
and on the page of instructions for servicemembers attached to the form (Tab U).  The form also 
advised him of his right to free legal counsel if he had any questions.  Moreover, while it seems 
illogical for someone with chronic leukemia to decline SGLI coverage, the applicant had no wife 
or children and was apparently beginning a civilian job with the Coast Guard (Tab T6) through 
which he may have been eligible for FEGLI, the Federal Employees’ Group Life Insurance. 

The applicant argued that the January 30, 2007, SGLV-8286 must be considered 
erroneous and invalid because not only was he confused about his eligibility but he did not com-
plete the form consistently. (Tab E) He pointed out that in the first block he indicated that he 
wanted to reduce the amount of his SGLI coverage but in a lower block he wrote that he did not 
want the insurance at all.  In light of the applicant’s clear handwritten statement that he did not 
want the insurance, however, the Board is not persuaded that the inconsistency necessarily rend-
ers the form invalid.  Moreover, whether the SGLV-8286 form is deemed valid and honored is 
not up to the Board.  As Chapter 13.01.a. of the SGLI Handbook states, the DVA makes the con-
clusive determinations of a member’s status and SGLI coverage at any point of time. 
 

The  applicant  made  many  allegations  with  respect  to  the  actions  of  the  Coast 

Guard.  Those allegations not addressed above are found to be not dispositive of the case.22  

Therefore, the Board finds that partial relief should be granted because the pre-
ponderance of the evidence shows that the applicant’s command erred by not transferring him to 
the Standby Reserve in April 2006 and that, if he had been transferred to the Standby Reserve, he 
would have been transferred back to the SELRES upon the remission of his leukemia and his 
return to drilling in December 2006.  However, the applicant has not proved by a preponderance 
of the evidence in the record before the Board that he is entitled to any other correction of his 
military record. 

 
12. 

13. 

  
14. 

                                                 
22 See Frizelle v. Slater, 111 F.3d 172, 177 (D.C. Cir. 1997) (noting that the Board need not address arguments that 
“appear frivolous on their face and could [not] affect the Board’s ultimate disposition”). 

The  application  of  ET3  xxxxxxxxxxxxxxxxxxxxxxxxxxxx,  USCGR  (deceased),  for 

correction of his military record is granted in part as follows: 

ORDER 

 

 
 

No other relief is granted. 

 
The  Coast  Guard  shall  correct  his  record  to  show  that  on  April  30,  2006,  he  was 
transferred  from  the  SELRES  to  the  Standby  Reserve  and  that  on  December  1,  2006,  he  was 
transferred from the Standby Reserve back to the SELRES. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 Robert S. Johnson, Jr. 

 
 Lynda K. Pilgrim 

 

 
 Nancy L. Friedman 

 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 

 

 

 

 

 

 

 
 

 

 

 

 
 

 

 

 

 
 

 



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  • CG | BCMR | Advancement and Promotion | 2012-029

    Original file (2012-029.pdf) Auto-classification: Denied

    In support of this allegation, the applicant submitted the October 31, 20xx, “Reserve (SELRES) Manpower Report - Positions,” showing a total of four authorized XXCM billets in the SELRES; and the October 31, 20xx, “Reserve (SELRES) Man- power Report – Strength by Paygrade,” showing that only two of the four authorized XXCM billets were filled.2 The applicant noted that at the time, there were actually seven reservists who were XXCMs, but five of them did not count against the Reserve...