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ARMY | BCMR | CY2004 | 20040003224C070208
Original file (20040003224C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            1 March 2005
      DOCKET NUMBER:   AR20040003224


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Walter T. Morrison            |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Mr. Antonio Uribe                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be exempted from payment of
Servicemembers' Group Life Insurance (SGLI) premiums.

2.  The applicant states he was unaware that he was automatically enrolled
at some point after having been in the Individual Ready Reserve (IRR) for
one year, without being charged for SGLI, while he was drilling for points
only.

3.  The applicant provides a leave and earnings statement dated 1 June 2004
and a bill for $150.00 for SGLI premiums dated 1 March 2004.

CONSIDERATION OF EVIDENCE:

1.  After having had prior enlisted service, the applicant accepted a
commission in the Army National Guard (ARNG) in August 1990 as an Air
Defense officer.  He was transferred to the IRR on 17 October 1994.  He
transferred to a troop program unit (TPU) on an unknown date.  He
transferred back to the IRR on        1 September 2002.

2.  The applicant's Officer Evaluation Reports (OER) beginning with the OER
for the period 1 March 2000 through 28 February 2001 show his branch as
Adjutant General, as did his OERs for the periods ending 30 September 2001,
31 August 2002, and 4 July 2003.  His OER for the period ending 4 July 2003
shows his principal duties included providing personnel service support to
a Garrison Troop Support Brigade.

3.  The leave and earnings statement the applicant provided apparently
shows that he drilled for points only ten times between July 2003 and April
2004 and was charged $16.25 in SGLI premiums for each drill.

4.  On 17 February 2004, the applicant was assigned to an individual
mobilization augmentee (IMA) position with the U. S. Army Human Resources
Command in Alexandria, VA drilling for points only and authorized to
perform up to 48 inactive duty training periods each fiscal year.

5.  The applicant was promoted to major in the Adjutant General Corps on 2
June 2004.

6.  In the processing of the case, an advisory opinion was provided by the
SGLI Program Manager, Retention and Entitlements Branch, U. S. Army Human
Resources Command – St. Louis.  That office recommended denial of the
applicant's request as he did not provide enough supporting documents to
substantiate that he was unaware of his coverage.  That office stated the
applicant was sent an initial gain letter dated 30 June 2003, he
subsequently received a semi-annual bill dated 16 January 2004, and his
loss letter was dated 1 March 2004.

7.  A copy of the advisory opinion was provided to the applicant.  He did
not respond within the given time frame.

8.  Army Regulation 600-8-1 (Army Casualty
Operations/Assistance/Insurance), chapter 11, section V provides guidance
on SGLI coverage for the U. S. Army Reserve, the ARNG, and the Reserve
Officers' Training Corps.  Paragraph      11-20c states that SGLI coverage
is provided for all Soldiers of the IRR or IMA attached for training in a
non-pay status to units that are scheduled for at least  12 periods of
inactive duty training annually.  Paragraph 11-24b states that the  U. S.
Army Reserve Personnel Center (currently the U. S. Army Human Resources
Command – St. Louis) is responsible for collecting premiums for attached
personnel (i.e., personnel in a nonpay status).

DISCUSSION AND CONCLUSIONS:

1.  The applicant provides no evidence to show he was unaware that he was
automatically enrolled in the SGLI.

2.  At the time in question the applicant was a senior captain in the
Adjutant General Corps and one of his duties just prior to the period in
question was providing personnel service support to a Garrison Troop
Support Brigade.  He was soon thereafter promoted to major in the Adjutant
General Corps and assigned to an IMA position with the U. S. Army Human
Resources Command in Alexandria, VA.  He provides no evidence to show he
was not aware of one of the basic personnel programs for an active duty or
a Reserve Soldier.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__wtm___  __rd____  __au____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




            __Walter T. Morrison_
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040003224                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050301                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |128.10                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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