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AF | BCMR | CY2003 | BC-2003-02260
Original file (BC-2003-02260.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02260
            INDEX CODE: 128.14
      XXXXXXXXXXXXXXXXXXXXXX COUNSEL:  NONE

      XXXXXXXXXXXXXXXX HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His debt in the amount of $608 for Serviceman’s Group Life Insurance  (SGLI)
and Family Servicemember’s Group Life Insurance (FSGLI) be removed from  his
record.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He requested reassignment from the Individual Mobilization  Augmentee  (IMA)
Reserve Program to the Inactive Reserve in May-June 1999 due to  a  conflict
with his civilian responsibilities.  Despite his request,  he  continued  to
receive no-pay Leave and Earnings Statements (LES) charging him for  monthly
premiums for SGLI and FSGLI.  He contacted his  unit  and  the  Air  Reserve
Personnel Center (ARPC) and was told the problem would correct  itself  when
the system caught up and the LESs would eventually stop being sent.   On  30
June 2003, he received another LES and a letter  from  the  Defense  Finance
and Accounting Service (DFAS) reflecting a $608 debt for SGLI premiums.

In support of his application, the applicant submits a  personal  statement;
copies of his Leave and Earnings Statements (LES) for the months of May  and
July 2003; a  copy  of  the  DFAS  notification  dated  20  June  2003  with
enclosure; and copies of e-mail communications between  the  applicant,  his
IMA Program Manager and ARPC.  The  applicant’s  complete  submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records were not provided.  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.  However, the  applicant’s  point
participation indicates that for the period 6 May 1998 through 5  May  1999,
he only accumulated 37 points (of which 15 were membership points) toward  a
good  year.   The  point  summary  also  indicates  the  applicant  did  not
participate in training beyond the  retirement/retention  year  beginning  6
May 1999.  MilPDS reflects  the  applicant  has  13  years  of  satisfactory
federal military service as of 5 May 2002.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPS recommends the  application  be  denied.   DPS  states  that  on  1
November 2000, Public Law 106-419, Section  312,  was  enacted  raising  the
amount of coverage under the SGLI program from $200,000 to $250,000.   Under
the provisions of this law,  every  eligible  participating  member  of  the
Ready Reserve was automatically covered, regardless of any  prior  election.
The provision also allowed members, within  the  month  of  April  2001,  to
withdraw or reduce their coverage.  On  5  June  2001,  Public  law  107-14,
Survivors Benefits Improvement Act of 2001 was  enacted.   Within  the  law,
the Expanded Servicemen’s Group Life Insurance program  was  established  to
provide spouse and/or children coverage on the event of  their  death.   The
coverage, by law, was automatic for all members  of  the  Armed  Forces  who
have a spouse and/or children, unless the member declined coverage prior  to
31 December 2001.

DPS states that the applicant reenlisted on 21 July 1996  for  a  period  of
six years, making his date of discharge 20 July 2002.   A  request  for  the
applicant’s reassignment to inactive status was originally submitted by  his
program manager in August 2001, but the earliest  the  transfer  could  have
taken place was October 2001.   The  applicant  was  sent  a  letter  on  27
September 2001, informing him that  due  to  end  strength  issues,  he  was
affected by Stop Loss and that all transfers to lesser categories  were  put
on hold until July 2002, when  Stop  Loss  ended.   A  resubmission  of  his
requested transfer was accomplished on 15 July 2002 and  the  applicant  was
discharged effective 20 July 2002.  According to his  program  manager,  the
applicant did not  perform  any  training  since  his  initial  request  for
transfer.  He did not out-process his unit or complete paperwork to  decline
SGLI/FSGLI coverage.

DPS states that if  the  Board  decides  to  grant  relief  sought  in  this
application, the applicant’s record should be  corrected  to  show  that  he
elected to withdraw SGLI coverage effective November 1998 and the $608  debt
removed.  The DPS evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He feels he has engaged all  the  necessary  resources  to  correct  this
issue; however, due to various complications and  other  factors,  things
weren’t appropriately handled and/or processed.   The  consequences  have
created a financial burden for him.  He requests change to  his  date  of
discharge prior to Stop Loss to resolve the issue of his debt.

_________________________________________________________________

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  error  or  injustice.   We  have  thoroughly   reviewed   the
circumstances surrounding the applicant’s appeal and believe that  since  he
had not actively participated in the Reserves since May-June  1999,  he  was
not aware of the change to Public Law 106-419, Section 312,  regarding  SGLI
coverage that took effect 1 November 2000; and Public Law  107-14  regarding
Family SGLI coverage that took effect 1 November  2001.   He  contacted  his
unit and ARPC when he received non-pay monthly LESs  charging  him  for  the
insurance premiums and was told the problem would correct  itself  when  the
system caught up with his reassignment paperwork.  We believe that  had  the
applicant known that he was required  to  submit  documentation  to  decline
insurance coverage, he would have done so.  In view  of  the  foregoing,  we
recommend that any doubt concerning the propriety of the  actions  taken  in
this case be resolved in the applicant’s favor and 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 he executed an SGLV 8286,
Servicemen’s Group Life Insurance (SGLI) Election and Certificate,
declining any and all coverage, effective 1 November 1998.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 2 December 2003, under the provisions of AFI 36-2603:

           Mr. Joseph G. Diamond, Panel Chairman
           Mr. Jackson A. Hauslein, Jr, Member
           Mr. Edward Parker, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered for AFBCMR Docket Number BC-2003-02260:

   Exhibit A.  DD Form 149, dated 2 Jul 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letters, ARPC/DPS, dated 14 Aug 03, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 22 Aug 03.
   Exhibit E.  Letter, Applicant’s Review, dated 9 Sep 03.




                                   JOSEPH G. DIAMOND
                                   Panel Chair


AFBCMR BC-2003-02260




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 XXXXXXXXXXXXXXXXXXXXXXXX, be corrected to show he executed an
SGLV 8286, Servicemen’s Group Life Insurance (SGLI) Election and
Certificate, declining any and all coverage, effective 1 November 1998.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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