Search Decisions

Decision Text

AF | BCMR | CY1999 | BC-1997-01936
Original file (BC-1997-01936.doc) Auto-classification: Denied

                       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


Similar Decisions

  • AF | BCMR | CY1999 | 9701936

    Original file (9701936.doc) Auto-classification: Denied

    _________________________________________________________________ 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. Applicant’s complete response, with attachments, is at Exhibit E. _________________________________________________________________ ADDITIONAL EVALUATIONS: The Chief, Retirement Branch, HQ ARPC/DPAR,...

  • AF | BCMR | CY2000 | 0000281

    Original file (0000281.doc) Auto-classification: Approved

    After careful consideration of all the facts and circumstances of applicant’s case, we are persuaded by the documentation provided that the applicant’s Reserve unit outprocessing did not cover SGLI coverage. Exhibit B. CHARLENE M. BRADLEY Panel Chair AFBCMR 00-00281 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),...

  • 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. After reviewing the evidence of record, we believe that the debt he incurred for payments of SGLI was unjust. VAUGHN E....

  • ARMY | BCMR | CY2008 | 20080009923

    Original file (20080009923.txt) Auto-classification: Denied

    On 15 April 2008, he received a letter from HRC requesting payment for $1,144.00 in SGLI debt. In support of his application, the applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty); his reassignment orders; a letter from the Defense Finance and Accounting Service (DFAS); his 2006 and 2007 Account Statements; a letter from HRC, St. Louis; and email correspondence from a staff member with HRC, St. Louis. In a letter dated 24 April 2008, the...

  • AF | BCMR | CY2003 | BC-2003-02260

    Original file (BC-2003-02260.doc) Auto-classification: Approved

    The Military Personnel Database (MilPDS) indicates the applicant was discharged from the Air Force Reserve effective 15 July 2002 in the grade of technical sergeant (E-6), for completing his term of service. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he executed an SGLV 8286, Servicemen’s Group Life Insurance (SGLI) Election and...

  • AF | BCMR | CY2002 | BC-2001-03442

    Original file (BC-2001-03442.doc) Auto-classification: Denied

    _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 17 April 2002, the applicant provided additional information, with attachments, to support her appeal. Applicant’s complete submission is at Exhibit D. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: HQ AFPC/DPW stated that the applicant was erroneously charged for SGLI for the period of 20 Feb 98 to 31 Mar 01. In their opinion,...

  • AF | BCMR | CY2000 | 9903192

    Original file (9903192.doc) Auto-classification: Approved

    Based on the information provided, DFAS-DE/FYCC finds there has not been an error or an injustice and recommended the applicant’s request be denied (Exhibit D). Inasmuch as the applicant is a civil service employee working in the same organization, performing similar duties, as he did while on active duty, we are of the opinion that the Government has received no less benefit now that he is a civilian than if he stayed on active duty. TERRY A. YONKERS Panel Chair AFBCMR 99-03192 MEMORANDUM...

  • AF | BCMR | CY1999 | BC-1998-00452

    Original file (BC-1998-00452.doc) Auto-classification: Approved

    A copy of the complete evaluation, with attachments, is at Exhibit G. The Acting Director, Health Services, HQ ARPC/SG, further evaluated the case and indicates that, during the course of his AFRRSP participation, the MIMSO course was changed to Commissioned Officer’s Training, requiring a longer period of time. The applicant has requested that repayment of the AFRRSP stipend be waived. Therefore, we recommend his records be corrected to reflect that, instead of resigning from the...

  • AF | BCMR | CY1999 | 9800452

    Original file (9800452.doc) Auto-classification: Approved

    A copy of the complete evaluation, with attachments, is at Exhibit G. The Acting Director, Health Services, HQ ARPC/SG, further evaluated the case and indicates that, during the course of his AFRRSP participation, the MIMSO course was changed to Commissioned Officer’s Training, requiring a longer period of time. The applicant has requested that repayment of the AFRRSP stipend be waived. Therefore, we recommend his records be corrected to reflect that, instead of resigning from the...

  • AF | BCMR | CY2006 | BC-2006-01913

    Original file (BC-2006-01913.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-01913 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 25 DECEMBER 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: She be reimbursed for premiums deducted from her pay for Family Servicemen’s Group Life Insurance (FSGLI). If her service record needs to be corrected, it must be to enroll her active duty spouse under...