ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 July 2019 DOCKET NUMBER: AR20180016221 APPLICANT REQUESTS: to receive Family Service Members’ Group Life Insurance (FSGLI) claim for deceased spouse. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Applicant self-author Addendum to DD Form 149, section 6 * Prudential Office of Service Members’ Group Life Insurance Letter * Casualty and Mortuary Affairs Letter * Department of Veterans Affairs Insurance Center Letter * Department of Human Services Application, License and Record of Marriage * Certified Record of Birth Commonwealth of * Memorandum Subject: Applicant Treatment as a Married Soldier Under Command * Certificate of Death * , TCSC Case No. 15-3- * Public Health Letter and email corresponded * Memorandum of Finding and Recommendations * Case No. 07-3-04064-6 * Enlisted Record Brief FACTS: 1. The applicant states Army Human Resource Command (HRC) did not certify his FSGLI claim for his deceased wife. HRC based the decision on a legal technicality, in that he and his deceased spouse’s marriage was legally invalid because the deceased spouse previous marriage was not officially dissolved. Prudential Office of Service Members’ Group Life Insurance denied the applicant’s FSGLI claim, and he has not received an insurance payment. 2. The applicant provided an addendum to the DD Form 149 showing: * he has been enlisted in the Regular Army for 25 years and serving as a Battalion Command Sergeant Major (CSM) * he applied to the Army Board for Corrections of Military Records (ABCMR) because he believes an injustice has occurred because he and his son were denied FSGLI for his deceased spouse * on 5 September 20, the applicant married his spouse, and at time of their marriage, they believed the spouse’s previous marriage was void based on a court document from 20 * his spouse took the applicant’s last name upon marriage; she was listed as his dependent in DEERs * in 2013 an AR 15-6 investigation was conducted by the Army and determined the marriage potentially was not legal, and the applicant’s spouse’s previous marriage was not dissolved * the AR 15-6 investigation determined the applicant acted reasonably because he truly believed his spouse’s previous marriage was legally dissolved * in August 2013, the applicant’s spouse went to court with her ex-husband and the divorce was back dated to March 20 * in January 2015, the applicant and his spouse separated and his spouse passed away May 2017 * in May 2017, the State of determined they were married at the time of the spouse’s death * from June to September 2017, the applicant tried to file for life insurance, and months later, he was denied; he was informed by the insurance company he did not receive a pay out because the Army Human Resource Command (HRC) declared their marriage invalid. His premiums were refunded, and he still has the check uncashed * the State of , Unit Command, Thxxxxxx County Family Court, Lxxxxxx County Court, IRS and Social Security Offices all viewed the applicant and his deceased spouse as married 3. In support of his request the applicant provided to following documents: * Prudential Office of Service Members’ Group Life Insurance Letter – showing his inquiry regarding FSGLI pay out; HRC did not certify the claim as payable and advised, based on state law, the marriage was not valid * Casualty and Mortuary Affairs Letter – shows the problem with the applicant’s request is determining whether or not he was legally married to his deceased spouse * Department of Veterans Affairs Insurance Center Letter * Department of Human Services Application, License and Record of Marriage – which shows the applicant and his spouse marriage license was effective on 5 September 2007 * Certified Record of Birth Commonwealth of – shows the birth of someone (personal information blacked out) * Memorandum Subject: Applicant Treatment as a Married Soldier Under Command – showing although the marriage was questioned frequently, marriage documents and laws were reviewed and determined marriage is valid * Certificate of Death – shows the applicant listed as spouse/husband * Curran V. Curran, TCSC Case No. – shows applicant submitted court petition requesting legal status of the invalidity of Marriage case pending in Thxxxxx County Superior Court * Public Health Letter and email corresponded – shows marriage between applicant and his deceased spouse is legal * Memorandum of Finding and Recommendations – applicant was unaware his spouse was still married to previous spouse until AR 15-6 investigation * Case No. – shows marriage between applicant’s deceased spouse and previous spouse is dissolved on 5 March 2008 * Enlisted Record Brief – shows his marital status as married 4. A review of the applicant’s records show: * 27 August 1993 – he enlisted in the Regular Army (RA) * 5 September 2007 – he married spouse * 23 May 2011 – he completed documents requesting FSGLI * 12 May 2017 – his spouse died 5. See REFERENCES below for applicable regulations and policy to this case. BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board found that full relief was warranted. The Board found that the preponderance of the evidence, including a marriage certificate dated “9-5-07” that records the applicant and the FSM as married and the FSM’s death certificate issued “08/28/2017” that lists the applicant as the FSM’s spouse, indicate that the FSM and the applicant had an established marriage. The FSM and the applicant had paid into the insurance policy in good faith and there is an expectation that the insurance provider would pay the death benefit. The Board found it an injustice that the insurance provider did not pay the applicant. Therefore, the Board validates the marriage certificate between the applicant and the FSM dated “9-5-07” and authorizes payment of the insurance benefit he is due. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by 1. validating the marriage certificate dated “9-5-07” between the applicant and the FSM and 2. authorizing the payment of the insurance death premium to the applicant that he is owed as the FSM’s spouse and any death premium owed to any of their dependent children. 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. Public Law 107-14, effective November 1, 2001, established FSGLI coverage for members of the uniformed services who were eligible for SGLI coverage. This law allowed for elected SGLI insurance coverage of the member's spouse for up to $100,000 in $10,000 increments and automatic coverage of the member's dependent children for $10,000 for the time that they have full-time SGLI coverage. 2. Guidance published through Army channels upon the implementation of Public Law 107-14 specified that in the case of married couples on active duty, premiums would be automatically deducted from each spouse’s pay for coverage of his or her spouse. It further stipulated that each member must register the other as his or her spouse in the Defense Enrollment Eligibility Reporting System (DEERS). Finally, it was stipulated that if one or both members declined or reduced coverage for his or her spouse, they must complete a form (SGLV Form 8286A). 3. In similar cases, the Defense Finance and Accounting Service has indicated that the DEERS provides the collection data, and once a spouse is registered in DEERS, the deduction for FSGLI is made retroactive to 1 November 2001 or the date of marriage, whichever is later, if no action to decline FSGLI has been taken. Further, that no refunds for FSGLI premiums that are automatically collected is authorized. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180016221 4 1