RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-03510
INDEX CODE: 128.10
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be granted a waiver of a Servicemembers’ Group Life Insurance (SGLI)
debt in the amount of $359.00.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or unjust and
the evidence submitted in support of the appeal is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The 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.
_________________________________________________________________
AIR FORCE EVALUATION:
The Superintendent, Casualty Services Branch, AFPC/DPWCS, reviewed the
application and states that the applicant’s SGLI policy remained in effect
during the 22 months he was pending discharge. If he had died during this
period, the designated beneficiaries would have received the proceeds of
his SGLI election. In accordance with U.S.C. Title 38, Section 1969(a)(4),
any amount not deducted from the basic or other pay of a member insured
under SGLI, or collected from the member by the Secretary concerned, if not
otherwise paid, shall be deducted
from the proceeds of any insurance thereafter payable. They recommend
disapproval of the applicant’s request for waiver of the SGLI debt.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and states that he quit
receiving a paycheck from the Air Force Reserves the day he was injured.
However, without his knowledge SGLI continued to be deducted. He did not
find out about an outstanding debt until he returned home about one year
after his accident. He is totally disabled and lives on Social Security
disability. He feels his squadron administrative staff should have
canceled his SGLI or advised him to do so when it was obvious he could not
make another paycheck from which to deduct the SGLI payments. Given the
circumstances, he feels it is unfair to demand back payment when he was not
on any kind of notice that the SGLI payments continued to be deducted from
a non-existent paycheck.
Applicant’s complete response is at Exhibit E.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. After reviewing the evidence of
record, we believe that the debt he incurred for payments of SGLI was
unjust. On 18 September 1995, applicant suffered an injury and was not
able to continue his career in the Air National Guard. However, premiums
continued to be assessed until his separation from the Air Force on 17 July
1997. Applicant was not aware that he was being charged with the premiums
for SGLI until after his separation. In view of the circumstances
surrounding applicant’s separation, we believe that had the applicant been
aware that he was being charged for SGLI premiums, he would have taken
action to decline coverage. Therefore, we recommend his records be
corrected to the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that, on 18 September 1995, he executed
an SGLV Form 8286, Servicemen’s Group Life Insurance (SGLI) Election and
Certificate, declining any and all coverage, effective 19 September 1995.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 12 May 1999, under the provisions of AFI 36-2603:
Mr. Vaughn E. Schlunz, Panel Chair
Mr. Terry A. Yonkers, Member
Mr. Richard A. Peterson, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Dec 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPWCS, dated 25 Jan 99.
Exhibit D. Letter, AFBCMR, dated 8 Feb 99.
Exhibit E. Applicant’s Response, dated 24 Feb 99.
VAUGHN E. SCHLUNZ
Panel Chair
AFBCMR 98-03510
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to , be corrected to show that, on 18 September 1995, he
executed an SGLV Form 8286, Servicemen’s Group Life Insurance (SGLI)
Election and Certificate, declining any and all coverage, effective 19
September 1995.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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