IN THE CASE OF: BOARD DATE: 16 June 2023 DOCKET NUMBER: AR20220011477 APPLICANT REQUESTS: cancellation of his: * Servicemembers' Group Life Insurance (SGLI) debt * negative leave balance debt APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Letter * DA Form 2173 (Statement of Medical Examination and Duty Status) * Memorandum for Record (MFR), Subject: Return of Closed Line of Duty (LOD) File * Department of Veterans Affairs (VA) Rating Decision) * SGLV 8715 (Application for SGLI Disability Extension) * Letter regarding SGLI * Letter regarding VGLI * Letter from the VA * Defense Finance Accounting Service (DFAS) Debt Notification * VGLI Billing Statement FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states in his application and self-authored letter, in effect: a. He was on active duty, when he was injured in the beginning of 2010. He was sent home and received VA medical treatment. He was declared 100 percent disabled in 2010 from his injuries. He still has SGLI, now VGLI, and never defaulted on his payments. b. He did not have details of the debt and started calling about the debt, when he received his first letter of indebtedness. He was recently informed, through mail, of the debt error. c. He retired from the Army National Guard (ARNG) on 29 April 2014 and only recently, just before COVID, received notice of the error. He has gathered the pertinent documents that not only show he had an LOD and had approved SGLI disability. He should have had all SGLI covered under his LOD and leave if any was taken. d. He also became 100 percent disabled in July of 2010. Unfortunately, this is not only a gross error, but he and his family did not receive any benefits from the LOD to include medical, which is still owed to them. 3. The applicant's service record contains the following documents for the Board's consideration: a. On 31 January 1989, having had prior enlisted service in the ARNG, the applicant enlisted in the ARNG for a period of 4 years. b. National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows he was released from the ARNG and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 1 December 1990. c. DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows he enlisted in the ARNG on 28 August 1991, for a period of 1 year. d. Orders Number C-10-135472, published by the USAR Personnel Center, dated 30 October 1991 show he was released from the USAR Control Group (Reinforcement) and assigned to the Massachusetts ARNG because of enlistment, effective 28 August 1991. e. DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) dated 3 June 1992 shows he extended his enlistment for a period of 1 year. f. NGB Form 22, shows he entered the ARNG on 28 August 1991 and was discharged from the ARNG on 27 August 1993. g. DD Form 4 shows he enlisted in the USAR on 18 February 1998 for a period of 3 years. There is no documentation showing he was released from the USAR. h. DD Form 4 shows he enlisted in the ARNG on 28 January 1997, for a period of 3 years. He reenlisted in the ARNG on 26 March 1999, for a period of 1 year. i. DA Form 4836 shows he extended his enlistment on 25 January 2000, for a period of 3 years. j. NGB Form 22 shows he was discharged from the ARNG on 25 March 2003. j. DD Form 4 shows he enlisted in the ARNG on 30 April 2008, for a period of 6 years. k. SGLV 8286 (SGLI Election and Certificate), dated 4 June 2009, shows he accepted SGLI coverage; however, it does not indicate the amount of coverage he requested. l. DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he entered active duty in support of Operation Enduring Freedom, as a member of the ARNG, on 5 December 2009 and was honorably released on 15 February 2010 to his ARNG unit. m. A memorandum from the State of Vermont, Office of the Adjutant General subject approval of military occupational specialty/medical retention board proceedings, dated 19 March 2011 states the finding and recommendations of the board were approved. The applicant was disqualified for retention in the Vermont ARNG. A summary of the board was included with the memorandum and is available for the Board's consideration. n. NGB Form 22, shows the applicant was discharged from the ARNG on 29 April 2014 for expiration term of service. 4. The applicant provides the following documents, not previously considered, for the Board's consideration: a. DA Form 2173 dated 1 February 2010, which shows he was seen at the Camp Atterbury Troop Medical Clinic following an episode of nausea and vertigo, while on active duty. A formal LOD investigation was required, and his injury was considered to have been incurred in the LOD. b. MFR, Subject: Return of Closed LOD File from the Vermont, Office of the Deputy State Surgeon, dated 17 May 2011, which states his LOD was completed. c. VA decision letter dated 5 August 2011, which states an evaluation of post traumatic stress disorder which was at 70 percent disabling was increased to 100 percent, effective 14 July 2010. d. SGLV 8715 dated 9 September 2014, shows the applicant was requesting an extension of his disability SGLI in the amount of $400,000.00. The applicant states his last unit lost much of his paperwork and stopped sending him a Leave and Earnings Statement the year prior. He had not worked since he was discharged due to his service related disabilities. e. A letter regarding SGLI, dated 29 February 2016, which states his life insurance coverage under the SGLI Disability Extension would end on 28 April 2016. If he wanted to continue his life insurance, he must pay his first VGLI premium in the amount of $144.00. The applicant included a mail receipt for his life insurance, dated 1 June 2016. f. A letter regarding VGLI, dated 29 April 2016, which approved his life insurance in the amount of $400,000.00. g. A letter from the VA, dated 2 February 2022, which is a summary of benefits the applicant currently receives from the VA. The entire letter is available for the Board's consideration. h. A letter from DFAS regarding, the applicant's debt, which states: (1) The previous balance was $2,393.87 and an amount of $537.19 was at risk of going to collection for SGLI premiums. Since he was not attending drills, the premiums were being made on his behalf at the rate he had elected. The debt was based on his date of separation on 29 April 2014. (2) His SGLI debt was for the period of August 2012 through April 2014. The applicant stated, "disability covered". (3) He also had a debt due to leave he took from 23 December 2009 to 2 January 2010 resulting in a negative leave balance of 10.5 days. The applicant stated, "LOD" for this time period. i. A VGLI Billing Statement, dated 13 July 2022, which shows his coverage was effective 29 April 2016. The due date says, "past due." Total amount due was $792.00. The applicant stated he paid $396.00 on 5 July 2022. 5. On 10 April 2023, the Office of the Deputy Chief of Staff, G-1, Management Analyst, Compensation and Entitlements, provided an advisory opinion for the Board's consideration, which states, in effect: a. After careful review of the case, they recommend the Board disapprove the applicant's request for administrative relief to cancel the SGLI debt. b. DFAS officials advised the SGLI debt identified $537.19 is valid as the applicant accrued monthly SGLI debts from July 2012 through April 2014. Additionally, the debt is understated by $756.00 as the applicant shows no evidence of declining SGLI coverage and, due to the leave being reported late, he was overpaid pay and allowances. c. DFAS records do not show the applicant declined SGLI coverage. His unit separated him on 7 May 2014, with an effective separation date of 29 April 2014. The applicant accrued an SGLI debt from March 2010 through April 2014. d. DFAS records reflect the applicant took 11 days of leave from 23 December 2009 through 2 January 2010, while in excess leave; the leave did not post until March 2010. He had only accrued eight days of leave for his curtailed tour on 8 January 2011 to 6 February 2010 [sic], in which he was paid pay and allowances. e. Once the leave posted to his military account, a debt was established to collect the pay and allowances for 12 days. The applicant took 20 days of leave with only eight days accrued. 6. On 14 April 2023, the advisory opinion was provided to the applicant to allow him the opportunity to respond. He did not respond. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, an advisory opinion, and regulatory guidance were carefully considered. The Board noted an SGLV 8715 dated 9 September 2014, shows the applicant was requesting an extension of his disability SGLI in the amount of $400,000.00. The Board concurred with the advisory official finding the applicant shows no evidence of declining SGLI coverage and, due to the leave being reported late, he was overpaid pay and allowances. Based upon a preponderance of the evidence, the Board determined there was insufficient evidence of an error or injustice to warrant relief in this case. ? 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. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. DoD Financial Management Regulation, Volume 7A, Chapter 47 states a. Paragraph 4702 (General) states a member who is on active duty, active duty for training or inactive duty training with the Uniformed Services (officer, warrant or enlisted) who receive basic pay for 1 or more days per month are responsible for SGLI premiums (coverage listed in section 4703) unless they waive coverage. b. Paragraph 4703 (Basic Coverage) Effective 6 April 1991, this program automatically insures eligible Members against death. All Selected Reservists and any other Ready Reserve members who are assigned or attached to a unit or position that may require performing active duty or active duty for training and that will require at least 12 scheduled periods of inactive duty for training annually are also covered. c. Paragraph 4707 (Deductions (SGLI Premiums) When a member is eligible for full-time coverage, the monthly deduction (effective 1 July 1994) is $.90 for each $10,000.00 of coverage. The deduction will be made even though the member may have paid the yearly premium as a Reservist covered on a part time basis (paragraph 570702). For rules concerning starting and stopping deductions, see table 47-1. Monthly deductions are not prorated for partial months of service. Deduct the full month's premium for any month in which a member is covered for at least one day. During months in which coverage amounts change, deduct the full month's premium for the higher coverage rate d. Paragraph 4707 (Refunds) Refunds shall not be made of amounts deducted before the effective date of any election for reduced or waived coverage. When a request for reinstatement of coverage or for increased coverage is rejected by the Office of Servicemembers' Group Life Insurance (OSGLI), any increase in premiums withheld pending OSGLI rejection shall be credited to the member's pay account. 3. Army Regulation 600-4 (Remission or Cancellation of Indebtedness) states a Soldier's debt may be remitted or cancelled in cases arising from debts incurred while serving on active duty or in an active status as a Soldier, and debts acknowledged as valid. 4. Title 10, USC, section 7837 (Settlement of accounts: remission or cancellation of indebtedness of members) states, the Secretary of the Army may have remitted or cancelled any part of the indebtedness of a person to the United States or any instrumentality of the United States incurred while the person was serving as a member of the Army, whether as a Regular or a Reserve in active status, but only if the Secretary considers such action to be in the best interest of the United States. 5. Title 31, USC, section 3702, also known as the Barring Statute, prohibits the payment of a claim against the Government unless the claim has been received by the Comptroller General within 6 years after the claim accrues. Among the important public policy considerations behind statutes of limitations, including the 6-year limitation for filing claims contained in this section of Title 31, USC, is relieving the Government of the need to retain, access, and review old records for the purpose of settling stale claims, which are often difficult to prove or disprove. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220011477 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1