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AF | BCMR | CY2006 | BC-2005-01951
Original file (BC-2005-01951.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01951
            INDEX CODE:  128.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

$702.50 of Serviceman’s Group Life Insurance (SGLI) premiums collected
after he had been discharged from the  Minnesota  Air  National  Guard
(MNANG) be reimbursed to him.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged effective 4 November 1996  but  due  to  a  clerical
error by his unit, he was charged for SGLI premiums after he had  been
discharged.  The Air Force Reserve  Officer  Training  Corps  (AFROTC)
also committed a clerical error claiming he had received $525 from  an
AFROTC scholarship from 1 April 1998 to 15 July 1998.  He was actually
removed from the scholarship on 31 March 1998 and  his  payments  from
the scholarship had actually ended on 20 December 1997.

In support of his appeal, the applicant has provided  a  copy  of  his
National Guard bureau (NGB) Form 22, Report of separation  and  record
of Service, and an honorable discharge order separating him  from  the
US Air Force Reserve (USAFR) and  disenrolling  him  from  the  AFROTC
program, both actions effective 31 March 1998.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the MNANG on 23 April 1995 and was progressively
promoted to the grade of airman first class (A1C) with a date of  rank
(DOR) of 1 August 1996.  He served for 1 year, 6 months, and  12  days
before being honorably discharged effective 4 November  1996  for  the
purpose of enrolling in an ROTC program.  On 20 April 1998, a  Reserve
order was published relieving him from assignment with the Air Reserve
Personnel Center (ARPC)  effective  31  March  1998  and  concurrently
disenrolling him from the AFROTC program effective the same date.

_________________________________________________________________

AIR FORCE EVALUATION:

AFOATS/JA recommends denial. JA states the applicant has not  provided
sufficient evidence to substantiate his request. The member claims  he
did not receive a description of charges until 2004, however, that  is
three years after we would have shredded the  documents.   Unless  the
disenrollment was done in absentia, the member was notified and should
have received copies of everything.  He did  receive  a  copy  of  the
order releasing him from the Air Force Reserves as it was provided  as
his evidence; therefore, he was fully aware of the SGLI charges.

AFOATS/JA’s complete advisory is at Exhibit B.


NGB/A1POF  recommends  denial.   A1POF  states  any   SGLI   deduction
initiated by the  MNANG  would  have  ceased  upon  his  discharge  on
4 November 1996.  A1POF contacted the MNANG and confirmed  he  was  no
longer in the Financial Management (FM) system of the MNANG after  his
discharge.   A1POF  suggests  he  contact  the  Defense  Finance   and
Accounting Service (SDFAS) to have his pay history reviewed.

A1POF’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
23 June 2006 for review and comment within 30 days.  As of this  date,
this office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of an error or injustice.  After a  thorough  review  of
the applicant's submission, to include his contention that  due  to  a
unit clerical error he was charged SGLI premiums after his  discharge,
we agree with the opinions and recommendations  of  the  Deputy  Staff
Judge Advocate and the Air National Guard and adopt their rationale as
the basis for our decision that the applicant has  failed  to  sustain
his  burden  of  having  suffered  either  an  error   or   injustice.
Therefore, in the absence of persuasive evidence to the  contrary,  we
find no compelling basis to recommend granting the  relief  sought  in
this application.

_______________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of 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 AFBCMR Docket Number BC-
2006-01951 in Executive Session on 1 August 2006, under the provisions
of AFI 36-2603:

      Mr. John B. Hennessey, Panel Chair
      Mr. Elwood C. Lewis, III, Member
      Ms. Donna D. Jonkoff, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 May 05, w/atchs.
    Exhibit B.  Letter, AFOATS/JA, dated 14 Jul 05, w/atch.
    Exhibit C.  Letter, NGB/A1POF, dated, 27 Feb 06.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Jun 06.




                                   JOHN B. HENNESSEY
                                   Panel Chair

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