RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 97-01936
INDEX CODE 128.14
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reimbursement for payment of uncollected Servicemen’s Group Life
Insurance (SGLI) premiums.
_________________________________________________________________
APPLICANT CONTENDS THAT:
In his appeal, the applicant provides a letter dated 3 January 1994
wherein he submits his resignation from the Michigan Air National
Guard effective 7 January 1995. [His request is unclear; however,
pursuant to the AFBCMR Staff’s request, he provided clarification and
additional documentation in his rebuttal at Exhibit E.]
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
A 7 April 1996 letter from HQ ARPC/DPKC to the applicant provided an
audit of his service history, reflecting he had 12 years, 6 months and
21 days of satisfactory service. His NGB Form 22, Report of Separation
and Record of Service, indicates he was honorably discharged from the
Air Force Reserves in the grade of sergeant on 2 August 1996.
On 18 March 1998, the Debt Management Branch, Defense Finance and
Accounting Service (DFAS), advised the applicant his original debt of
$596.00 for uncollected SGLI premiums paid on his behalf for the
periods of November 1993-August 1996 was reduced to $380.00, for the
period November 1993-August 1995. The applicant paid the $380.00 to
DFAS on 5 June 1998 and DFAS settled his account on 2 July 1998.
The remaining relevant facts pertaining to this application, extracted
from the applicant's military records, are contained in the letter
prepared by the appropriate office of the Air Force. Accordingly,
there is no need to recite these facts in this Record of Proceedings.
_________________________________________________________________
OFFICE OF PRIMARY RESPONSIBILITY EVALUATION:
The Chief, Claims Branch, DFAS-DE/FYCC, advises that review of the
applicant’s pay records shows he resigned from the Air Force Reserves
with an effective date of August 2, 1996. The record indicates a pay
date of 14 February 1969, for a total of 27 years, 5 months, and 18
days. DFAS cannot determine where these years were served or why the
applicant was not retired.
A copy of the complete evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF THE EVALUATION:
The applicant reviewed the appeal and contends he should not have to
pay any insurance delinquent debt because someone else did not provide
the proper information to the accounting office to cancel his
insurance. He should be responsible for all debts to 3 January 1998
[sic] and the remaining money returned to him. He provides a 4 August
1995 letter of resignation to be effective 1 September 1995.
Applicant’s complete response, with attachments, is at Exhibit E.
_________________________________________________________________
ADDITIONAL EVALUATIONS:
The Chief, Retirement Branch, HQ ARPC/DPAR, advised that the applicant
has not completed 20 years of satisfactory service and she is unable
to substantiate any qualifying service or eligibility for Reserve
Transition Assistance Pay (RTAP) for which he may qualify.
A copy of the complete evaluation is at Exhibit F.
The Chief, Claims Branch, DFAS-DE/FYCC, reevaluated the appeal based
on the applicant’s rebuttal and advised that the applicant was
notified the debt would be reconsidered if he would provide a copy of
VA SGLV 8285 Form reflecting that he had either declined or reduced
his SGLI coverage. He has not complied with this request. A review of
his personnel records indicates a valid VA SGLV Form 8286 dated 3
August 1993 with his signature requesting $200,000 SGLI coverage. The
debt was valid and was paid in full by the member. The Chief indicates
the applicant’s last day in the Reserves was 25 August 1995, according
to the USAFR Point Credit Summary dated 5 October 1996.
A copy of the complete evaluation is at Exhibit G.
________________________________________________________________
APPLICANT’S REVIEW OF ADDITIONAL EVALUATIONS:
Complete copies of the additional evaluations were forwarded to the
applicant on 1 March 1999 for review and comments within 30 days. As
of this date, no response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. After a thorough review
of the evidence of record and applicant’s submission, we are not
persuaded the applicant should be reimbursed for payment of
uncollected SGLI premiums. Applicant’s contentions are duly noted;
however, we do not find these assertions, in and by themselves,
sufficiently persuasive to override the rationale provided by the
offices of primary responsibility. We therefore agree with their
recommendation and adopt the rationale expressed as the basis for our
decision that the applicant has failed to sustain his burden of having
suffered either an error or an injustice. In view of the above and
absent persuasive evidence to the contrary, we find no compelling
basis to recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable material error or injustice;
that the application was denied without a personal appearance; and
that the application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 6 April 1999, under the provisions of AFI 36-
2603:
Ms. Charlene M. Bradley, Panel Chair
Dr. Gerald B. Kauvar, Member
Mr. Patrick R. Wheeler, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Jun 97, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, DFAS-DE/FYCC, dated 13 Feb 98.
Exhibit D. Letter, AFBCMR, dated 2 Mar 98.
Exhibit E. Letter, Applicant, dated 19 Aug 98, w/atchs.
Exhibit F. Letter, HQ AFPC/DPAR, dated 17 Sep 98, w/atchs.
Exhbiit G. Letter, DFAS-DE/FYCC, dated 9 Feb 99.
Exhibit H. Letter, AFBCMR, dated 1 Mar 99.
CHARLENE M. BRADLEY
Panel Chair
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