IN THE CASE OF: BOARD DATE: 22 November 2023 DOCKET NUMBER: AR20230001520 APPLICANT REQUESTS: removal of the Springing Special Durable Power of Attorney (POA) for TGSLI (Traumatic Servicemembers’ Group Life Insurance) from her military record located in Interact Personnel Electronic Records Management System (iPERMS). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Springing Special Durable POA for TGSLI FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 The applicant states, in effect, the Springing Special Durable (POA) for TGSLI is outdated. She has since remarried, changed her name and address; therefore, her mother should no longer have the POA. 3. The applicant provides a copy of the Springing Special Durable POA for TGSLI, which reflects she constituted and appointed her mother, as her attorney-in-fact to act in her name, place, and stead in any way which she could do, to deal with all matters relating to Traumatic Insurance Protection under SGLI Coverage (TSGLI). This power shall include, but not limited to, the application, certification, payment, and restoration processes of TGSLI. It is [the applicant’s] intent that this attorney-in-fact shall have all powers to implement, manage or cancel her TSGLI coverage. 4. A review of the applicant’s service record shows: a. She enlisted in the Army National Guard (ARNG) on 3 August 2015. b. On 5 November 2016, the applicant constituted and appointed her mother, . as her attorney-in-fact to act in her name, place, and stead in any way which she could do, to deal with all matters relating to Traumatic Insurance Protection under SGLI Coverage (TSGLI). This power shall include, but not be limited to, the application, certification, payment, and restoration processes of TSGLI. It is her intent that this attorney-in-fact shall have all powers to implement, manage or cancel her TSGLI coverage. c. Office of the Adjutant General Orders 145-514, dated 25 May 2017, reflects the applicant was discharged from the ARNG, for the immediate reenlistment in the Army, effective22 May 2017. d. On 23 May 2017, she enlisted in the Regular Army and on 7 May 2020, she extended her enlistment by 12 months. Her new ETS date is cited as 5 June 2021. e. Memorandum for Record, dated 10 February 2021, reflects the applicant requested a name change because of her marriage on 6 November 2020. f. On 12 July 2021, she reenlisted for 3 years. Item 1 (Name) on the DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), reflects her name change. g. She is currently serving with 502d Adjutant General Company, For Cavazos, TX. 5. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the Army Military Human Resource Record (AMHRR). 6. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records, the Board determined there is sufficient evidence to support the applicant’s request for removal of the Springing Special Durable Power of Attorney (POA) for TGSLI from her military record located in Interact Personnel Electronic Records Management System (iPERMS). The Board agreed the applicant’s life change status regarding her mother as her power of attorney is sufficient for removal. Based on this, the Board granted relief to correct the applicant’s records. 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 Army records of the individual concerned be corrected to show removal of the Springing Special Durable Power of Attorney (POA) for TGSLI (Traumatic Servicemembers’ Group Life Insurance) from her military record located in Interact Personnel Electronic Records Management System (iPERMS). 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, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the 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. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the Army Military Human Resource Record (AMHRR). Paragraph 3–3 states, initiating of the Army Military Human Resource Record include contracts documenting entry, re-entry, commission, and appointment into any component or grade of the Army, whichever is earliest. This includes, but is not limited to, the initial Oath of Enlistment and contract into any component of the Army. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230001520 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1