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AF | BCMR | CY1999 | 9803510
Original file (9803510.doc) Auto-classification: Approved

                       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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