ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 August 2019 DOCKET NUMBER: AR20180013562 APPLICANT REQUESTS: Correction of his record to show he was allowed to continue Servicemember’s Group Life Insurance (SGLI) in order to transition to Veterans Group Life Insurance (VGLI). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Congressional assistance request * Email authored by Lieutenant Colonel (LTC) G- H- * Self-authored email to Ms. C- R- FACTS: 1. The applicant states, he was not initially counseled properly with regards to his injury and had to pursue his medical retirement with the assistance of Deputy State Surgeon of the Florida Army National Guard (FLARNG), which took approximately 3 years to accomplish. It has been identified by the Ombudsman and SGLI staff that he was not properly informed of how to maintain his benefits. They referred him to Army Board for Correction of Military Records due to the federal constraints, which keeps them from correcting this error by the Government. According to Department of the Army command policy regarding implementing federal law, Army Career Alumni Program is the lead installation agency responsible for assisting commanders with providing detailed, timely transition assistance to their Soldiers in accordance with Title 10 United States Code, sections 1142-1144 and the Veterans Opportunity to Work Act of 2011. He was not counseled about his life insurance. He has maintained his life insurance for his entire military career and planned to convert it to VGLI. The lack of counseling has caused a lapse in his coverage and he did not forfeit this benefit. He has been denied coverage, which puts his family in harm. His original expiration term of service was 2012, it is now 22 November 2016. He was brought back into the Guard for retirement purposes. 2. A review of the applicant’s official records show the following on: * 8 September 2000 – having had prior enlisted service in the Regular Army, the applicant enlisted in the FLARNG and served in various positions * 3 August 2016 – an informal Physical Evaluation Board (PEB) convened and found the applicant physically unfit (cervical degenerative disc disease with stenosis) and recommended a rating of 10% and his disposition be separated with severance pay * 13 October 2016 – Orders Number D 287-13, issued by the U.S. Army Physical Disability Agency, honorably discharged the applicant from the ARNG with a disability rating of 10%, effective 27 November 2016; the disability resulted from a combat related injury * 27 November 2016 – the applicant was honorably discharged from the ARNG by reason of medically unfit for retention per Army Regulation 40-501 (Standards of Medical Fitness), National Guard Bureau Form 22 (Report of Separation and Record of Service) shows in item 16 (SGLI Coverage) “Yes” $400,000.00 3. The applicant provides: * Congressional support request to the office of the Honorable K- H- * email authored by LTC G- H- wherein he states the applicant was informed at the mobilization site he no longer met retention standards and may not have been afforded due process as it relates to a medical board * self-authored email to Ms. C- R- to the Honorable B- N- wherein the applicant seeks assistance to keep his life insurance 4. The SGLI and VGLI programs are Department of Veterans Affairs (VA) programs. Only certain portions of the SGLI program, such as preparing the VA Form 29-8286 (SGLI Election) and collecting premiums, are administered by the military services. SGLI provides full-time life insurance coverage for individuals on active duty. Full-time coverage is also available to Ready Reservists. SGLI is in effect for 120 days after an individual separates from active duty or the Reserves. 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 one year after termination of the individual's SGLI coverage. VGLI provides renewable five-year term coverage. VGLI is available to (a) individuals being released from active duty or the Ready Reserves; (b) Ready Reservists who have part-time coverage, and who while performing active duty or inactive duty for training for a period of less than 31 days, suffer a disability which renders them uninsurable at standard premium rates; and (c) members of the Individual Ready Reserve and Inactive National Guard. The SGLI program is a Department of Veterans Affairs program. Only certain portions of the program, such as preparing the SGLV 8286 and collecting premiums, are administered by the military services. 5. AR 600-8-1 (Army Casualty Operations/Assistance/Insurance) states, in paragraph 11-29g, that the designation of all SGLI beneficiaries will remain in effect until properly changed by the Soldier or until the SGLI is automatically canceled or terminated. 6. The VA website states VA disability extension applies to members that are totally disabled at the time of separation (unable to work). The member can apply for the SGLI disability extension, which provides free coverage for up to two years from the date of separation. An extension of SGLI due to total disability is not automatic. You must apply to the Office of SGLI for the extension. At the end of the extension period, you automatically become eligible for VGLI. You must be totally disabled or have one of the following conditions: * Permanent loss of use of both hands * Permanent loss of use of both feet * Permanent loss of use of both eyes * Permanent loss of use of one hand and one foot * Permanent loss of use of one foot and one eye * Permanent loss of use of one hand and one eye * Total loss of hearing in both ears * Organic loss of speech BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, the reason for his separation, the annotation of SGLI coverage (Yes, $400,000.00) on his 27 November 2016 National Guard Bureau Form 22. The Board found that this coverage would remain in place for 120 days after separation. The Board found no evidence that the applicant qualified for and extension of SGLI and the applicant provided no evidence that he provided an initial premium and submitted evidence of insurability within one year after termination of the individual's SGLI coverage. The Board determined, based on a preponderance of evidence, that the applicant’s SGLI coverage remained in place after his separation (120 days), he was not eligible for an extension and that there is no evidence he took action to request VGLI. The Board found no error or injustice. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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. 10/11/2019 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. The SGLI and VGLI programs are Department of Veterans Affairs (VA) programs. Only certain portions of the SGLI program, such as preparing the VA Form 29-8286 (SGLI Election) and collecting premiums, are administered by the military services. SGLI provides full-time life insurance coverage for individuals on active duty. Full-time coverage is also available to Ready Reservists. SGLI is in effect for 120 days after an individual separates from active duty or the Reserves. 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 one year after termination of the individual's SGLI coverage. VGLI provides renewable five-year term coverage. VGLI is available to (a) individuals being released from active duty or the Ready Reserves; (b) Ready Reservists who have part-time coverage, and who while performing active duty or inactive duty for training for a period of less than 31 days, suffer a disability which renders them uninsurable at standard premium rates; and (c) members of the Individual Ready Reserve and Inactive National Guard. The SGLI program is a Department of Veterans Affairs program. Only certain portions of the program, such as preparing the SGLV 8286 and collecting premiums, are administered by the military services. 2. AR 600-8-1 (Army Casualty Operations/Assistance/Insurance) states, in paragraph 11-29g, that the designation of all SGLI beneficiaries will remain in effect until properly changed by the Soldier or until the SGLI is automatically canceled or terminated. 3. The VA website states VA disability extension applies to members that are totally disabled at the time of separation (unable to work). The member can apply for the SGLI disability extension, which provides free coverage for up to two years from the date of separation. An extension of SGLI due to total disability is not automatic. You must apply to the Office of SGLI for the extension. At the end of the extension period, you automatically become eligible for VGLI. You must be totally disabled or have one of the following conditions: * Permanent loss of use of both hands * Permanent loss of use of both feet * Permanent loss of use of both eyes * Permanent loss of use of one hand and one foot * Permanent loss of use of one foot and one eye * Permanent loss of use of one hand and one eye * Total loss of hearing in both ears * Organic loss of speech