RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00666
            INDEX CODE:  128.14

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1. His record be changed to show that he out-processed from the  XXXnd
Fighter Squadron (XXX FS), Luke AFB, AZ in August 1999.

2. He be reimbursed $273.00 for an accrued Servicemember’s Group  Life
Insurance (SGLI) Debt and to remove any  derogatory  comments  on  his
credit report in reference to the SGLI debt.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Erroneous information has been reported on his credit report.  SGLI is
reporting a charge-off balance  of  $273.00.   He  is  disputing  this
balance; his account should  show  a  zero  balance.   This  erroneous
reporting is damaging his credit rating and causing him difficulty  in
obtaining credit.

He was discharged from the Air  Force  Reserve  in  August  1999.   He
states that he received mail after his discharge referencing that  his
SGLI would expire in one month if he did not transfer it to  VGLI  and
pay the premiums.  He  was  not  interested  in  purchasing  VGLI  and
allowed the SGLI to expire.

In support of his appeal the applicant provided a personal letter.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________








STATEMENT OF FACTS:

The applicant is currently serving in the Air  Force  Reserve  in  the
grade of senior airman.

The remaining relevant facts pertaining to this application, extracted
from the applicant's military records, are contained  in  the  letters
prepared by the appropriate offices of the Air Force (Exhibits  B  and
E).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPS recommended denial.  They  indicated  that  the  applicant
states he was discharged from the XXXFS in August 1999.  A  technician
at the XXXFS supplied a written record of  her  account  of  the  out-
processing of the applicant in August 1999 timeframe.  The  technician
stated the applicant’s records were destroyed after one year  per  the
Record Management Disposition instruction.  Presently,  there  are  no
records on the applicant at the Military Personnel Flight (MPF).

After reviewing the applicant’s record, there  is  no  record  of  the
applicant out-processing the unit in August 1999.  The  only  relevant
document found in his records was a reassignment order, which shows he
left the unit with an effective date of 26 November 2000.

If the decision is to grant the relief sought, the applicant’s  record
should be corrected to show he out-processed the XXXFS in August 1999,
and any debt from 1 September 1999 to present should be  cleared  from
his pay records.  Any derogatory comments on  the  applicant’s  credit
reports concerning SGLI indebtedness should be removed.

The evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant  reviewed  the  Air  Force  evaluation  and  provided  a
response, with attachments, which is at Exhibit D.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

ARPC/DPS  recommended  denial.   They  indicated  that  the  following
information is  provided  in  response  to  the  additional  questions
concerning applicant.

The applicant states he was discharged from the XXXFS in August  1999.
Personnel at the XXXFS supplied written correspondence of her accounts
on behalf of the applicant.  She recalled out-processing the applicant
in the August 1999 timeframe.  The applicant’s records were  destroyed
after one year per  the  Record  Management  Disposition  Instruction.
Presently, there  are  no  records  on  the  member  at  the  Military
Personnel Flight (MPF).

According to the Chief, Relocations,  XXXFW/MSS/DPMSA,  the  applicant
performed active duty, 30 March 1995 to 29 March 1999, and transferred
to the XXXMSS, Luke AFB, Arizona.   He  reported  in  April  1999  and
performed four drills.  He was a no-show through July  1999  at  which
time he was involuntary reassigned to the  Obligated  Reserve  Section
(ORS), due to unsatisfactory participation as outlined  in  AFMAN  36-
8001,  Paragraphs  1.3.1  and  4.12.1.   His  obligation  will  expire
7 February 2003.

The applicant earned 15 Retirement/Retention points and  15 membership
points during this time period.

In view of the above, there is no  written  evidence  the  member  out
processed at the XXXFS prior to being sent to the ORS  on  26 November
2000.

If the decision is to grant the relief  sought,  the  member‘s  record
should be corrected to show he out processed the XXXFS in August 1999,
any debt should be deleted for SGLI and  derogatory  comments  on  the
member’s credit report concerning indebtedness should be removed.

The evaluation, with attachments, is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL EVALUATION:

The applicant reviewed the evaluation and indicated that  Federal  law
requires that  an  entity  that  reports  information  to  the  credit
reporting agencies respond to a dispute  within  thirty  days  and  it
upsets him that there is still not closure of this matter.

When MSgt R--- M--- responded to an  inquiry  regarding  his  military
records he stated, “this whole situation could have been avoided if he
would have come back to the unit to out-process.”   Everyone  who  has
reviewed his complaint has ignored his statements and those of TSgt R--
- K—-- F--- the two eye witnesses to his  out-processing.   They  have
both stated that he did out- process in August of 1999.  Even MSgt R---
 M---‘s records show “stop (SIC) showing up for  drill  August  1999.”
Please consider that the reason he stopped  attending  drill  at  that
time was due to the fact that he did out-process that month.

The very records that could have supported his position were destroyed
by the military in  August  of  2000,  several  months  prior  to  the
“reassignment order” with  an  effective  date  of  25  November  2000
referenced in MSgt M---‘s response.  It would be unfair to  base  your
decision on the fact that there is no longer written evidence  of  his
out-processing when it is part of the military’s procedure to  destroy
said records within a year.

Applicant’s response is at Exhibit G.

_________________________________________________________________

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 an  error  or  an  injustice.   After  reviewing  the
evidence of record, we are persuaded that the applicant  out-processed
from the XXXnd Fighter Squadron (XXXFS), Luke AFB, AZ in August  1999.
In this respect, we note that the technician at XXXS  has  supplied  a
written record of her accounts on the  applicant  and  the  technician
recalls out-processing the applicant in  the  August  1999  timeframe.
The Air Force cannot verify whether or not the applicant did  in  fact
out-process on the date in question.  In view of the above and  in  an
effort to remove any possibility of an injustice to the applicant,  we
believe that any  doubt  should  be  resolved  in  applicant’s  favor.
Therefore, we  recommend  his  records  be  corrected  to  the  extent
indicated below.  In regard to the applicant’s request that  the  SGLI
debt be removed from his credit report, this Board does not  have  the
authority to  direct  such  action.   However,  we  suggest  that  the
applicant provided the credit  bureau  with  a  copy  of  the  Board’s
decision and request that the information be removed.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 30 August 1999  he
out-processed from the XXXnd Fighter Squadron, Luke AFB, AZ, and  that
any indebtedness incurred as a result of non payment of SGLI  premiums
from 1 September 1999 to the present be removed from his pay records.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 02-
00666 in Executive Session on 12 December 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 12 February 2002, w/atchs.
   Exhibit B.  Letter, ARPC/DPS, dated 29 April 2002, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 10 May 2002.
   Exhibit D.  Letter, Applicant, dated 27 May 2002, w/atchs.
   Exhibit E.  Letter, ARPC/DPS, dated 16 October 2002, w/atchs.
   Exhibit F.  Letter, SAF/MRBR, dated 25 October 2002.
   Exhibit G.  Letter, Applicant, dated 28 October 28 2002.




                       JOSEPH G. DIAMOND
                       Panel Chair



AFBCMR 02-00666





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 30 August 1999 he out-
processed from the XXXnd Fighter Squadron, Luke AFB, AZ, and that any
indebtedness incurred as a result of non payment of SGLI premiums from
1 September 1999 to the present be, and hereby are, removed from his pay
records.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency