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AF | BCMR | CY2002 | 0102519
Original file (0102519.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-02519
            INDEX CODE:  128.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS:

Removal of the debt balance for Servicemembers’ Group  Life  Insurance
(SGLI).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was enrolled in SGLI without his  permission.   He  never  received
information notifying him of his enrollment.  He declined SGLI when he
entered the Air Force Reserve in 1996.

Supporting documents were not  submitted.   The  applicant’s  complete
submission 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 at Exhibit B.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPS recommends the application be denied.  DPS stated that the
SGLI reinstatement was automatic under  Public  Law  106-419,  Section
312.  The reinstatement of SGLI,  along  with  directions  on  how  to
decline  coverage,  was  extensively  advertised.   The  HQ   ARPC/DPS
evaluation, with attachment(s), is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and  provided  a  list  of
reasons as to why the advisory opinion is  flawed.   In  view  of  the
reasons listed, he contends that the SGLI was improperly  started  and
that the associated bill should  be  removed  from  his  record.   The
applicant’s complete response, with attachment, is at Exhibit D.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

HQ ARPC/DPS recommends the application be denied.  With regard to  the
applicant’s allegation that he resigned from his position  in  Nov  00
and was released in Jan 01, HQ ARPC/DPS stated that the applicant  was
actually  transferred  to  an  inactive  status  on  25 Jul  01.   DPS
indicated that the Air Reserve  Personnel  Update  is  mailed  to  all
members who are in an Individual Mobilization Augmentee position based
on a roster run from the master  personnel  data  base  which  selects
addresses based on a specific  record  status  code  and  a  Personnel
Accounting Symbol (PAS).  Information taken from the database  in  May
01 shows the applicant’s record met both of  these  criteria  and  his
address is correct.  Although the applicant states he did not  receive
an IMA Update for three years, DPS sees no reason it  would  not  have
reached  his  home  address.   The  HQ   ARPC/DPS   evaluation,   with
attachments, is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of  the  additional  Air  Force  evaluation  was  forwarded  to
applicant on 5 April 2002 for review and response.  As of  this  date,
no response has been received by this office (Exhibit F).

_________________________________________________________________

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 injustice.  After careful consideration  of  all
the facts and circumstances of applicant’s case, we are  persuaded  by
the documentation provided that  the  applicant  was  unaware  of  the
changes to the SGLI program until he received his 30 June 01 Leave and
Earnings Statement (LES).  Since the applicant apparently  was  not  a
member of the Participating Individual Ready Reserve (PIRR), there  is
a  possibility  that  he  did  not  have  access  to  the  information
concerning the  SGLI  program  changes.   We  believe  that,  had  the
applicant received notification of the change prior to receipt of  the
Jun 01 LES, he would have initiated the appropriate paperwork at  that
time.  In view of the foregoing, we recommend that, in the interest of
justice, any doubt be resolved in  favor  of  the  applicant  and  his
records be corrected as 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 1  April  2001,  he
executed an SGLV Form 8286, Servicemen’s Group Life  Insurance  (SGLI)
Election Certificate, declining any  and  all  coverage,  effective  1
April 2001.

_________________________________________________________________

The following members of the Board considered Docket  Number  01-02519
in Executive Session on 24 July 2002, under the provisions of AFI  36-
2603:

                  Mr. Joseph G. Diamond, Panel Chair
                  Mr. Jackson A. Hauslein, Member
              Mr. Edward H. Parker, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 29 Aug 01.
   Exhibit B.  Letter, HQ ARPC/DPS, dated 7 Nov 01, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 16 Nov 01.
   Exhibit D.  Letter from Applicant, dated 25 Nov 01.
   Exhibit E.  Letter, HQ ARPC/DPS, dated 25 Mar 02, w/atchs.
   Exhibit F.  Letter, SAF/MRBR, dated 5 Apr 02.




                                   JOSEPH G. DIAMOND
                                   Panel Chair




AFBCMR 01-02519




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 APPLICANT be corrected to show that on 1 April
2001, he executed an SGLV Form 8286, Servicemen’s Group Life Insurance
(SGLI) Election Certificate, declining any and all coverage, effective
1 April 2001.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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