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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