IN THE CASE OF:	 

		BOARD DATE:	  13 NOVEMBER 2008

		DOCKET NUMBER:  AR20080009923 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, cancellation or remission of his $464.00 debt due for his overdue Servicemen's Group Life Insurance (SGLI) payments. 

2.  The applicant states, in effect, that on 7 Apirl 2008, he was advised that he owed $1,144.00 in overdue SGLI payments.  A telephonic and electronic mail (email) inquiry to the Human Resources Command (HRC), St. Louis, Missouri, resulted in a correction to the stated amount to $464.00.  He believes the charge is in error and requests relief from the debt.  He also states that from September 2005 to August 2006, he attended drills with the 75th Division, Houston, Texas, for points only.  He participated in points only duty because of his civilian employment as a defense contractor and contractual requirements that he could not be a member of a troop program unit (TPU).  He further states that during the course of duty, it was discovered that the unit technician had incorrectly requested orders assigning him to the unit, instead of attaching him to points only duty.  This error by the unit resulted in a debt accrual for SGLI with no military pay.

3.  The applicant also states from January 2006 to August 2006, he worked through the 75th Division and HRC to determine why he was accruing the SGLI debt, why he was not receiving credit for retirement points, and how to stop the accrual and pay the debt.  The determination was that his orders were incorrect and he should be assigned back to the Individual Ready Reserve (IRR) and attached for points.  This action took place in August 2006, for the expressed purpose of stopping the SGLI accrual.  On 20 December 2006, he received a 

collection letter from HRC for the amount of $788.41.  The debt was paid in two installments, $463.41 on 10 January 2007, and $325.00 on 23 February 2007.  On 15 April 2008, he received a letter from HRC requesting payment for $1,144.00 in SGLI debt.  During his communications with HRC, it was acknowledged that a record keeping error on the part of HRC reduced the debt from $1,144.00 to $493.00 and again further to $464.00 due to double billing in August 2006.  According to HRC, the $464.00 debt was SGLI from September 2006 to December 2007.  Due to the correction of his assignment status in August 2006, for the expressed purpose of stopping the SGLI accrual, he believes he has no responsibility for the remaining $464.00.

4.  In support of his application, the applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty); his reassignment orders; a letter from the Defense Finance and Accounting Service (DFAS); his 2006 and 2007 Account Statements; a letter from HRC, St. Louis; and email correspondence from a staff member with HRC, St. Louis.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was commissioned in the Regular Army as a second lieutenant, effective 17 August 1980.  He was honorably discharged as a captain, effective 17 August 1992.

2.  The applicant was appointed in the United States Army Reserve (USAR) as a captain, effective 24 September 1992.  

3.  On 11 August 1995, the applicant completed an SGLI Election and Certificate and elected $100,000 SGLI coverage.  The form indicated that this insurance was in effect throughout the period of full-time active duty or active duty for training.  Coverage was also in effect on a full-time basis for Reservists who were assigned to a unit or position in which they may be required to perform active duty or active duty for training and each year in which they were scheduled to perform at least 12 periods of active duty training that is creditable for retirement purposes.

4.  On 4 November 1998, orders were published reassigning the applicant from his current TPU assignment to another TPU, with an effective date of 4 November 1998.

5.  The applicant was promoted to lieutenant colonel, effective 7 March 2000, with a date of rank of 17 August 1999.

6.  On 7 June 2002, orders were published releasing the applicant from his current TPU assignment for unsatisfactory performance and reassigning him to the USAR Control Group (Reinforcement), with an effective date of 6 June 2002.

7.  The applicant was considered and not selected for promotion to colonel by the 2003, 2004, 2005, and 2006 Reserve Components Selection Boards.

8.  On 16 May 2005, orders were published reassigning the applicant from the USAR Control Group (Reinforcement) to a TPU, with an effective date of 13 May 2005.

9.  On 9 August 2006, orders were published reassigning the applicant from his current TPU assignment to the USAR Control Group (Reinforcement), with an effective date of 9 August 2006.  The applicant submitted of copy of this order with his application.

10.  The applicant also submitted a copy of his letter from DFAS, dated 20 December 2006, wherein he was advised that he was indebted to the Department of Defense as a result of overpayments before his recent separation. He also submitted a copy of his Account Statement, dated 20 December 2006, that shows he had balance owed of $788.41.  The statements also advised him that he had a debt of $325.00 for collection of SGLI premiums for the period from September 2005 to August 2006, as he was not attending drills and premiums were being made on his behalf at the rate he elected.  This debt was based on his date of separation of 8 August 2006.  The applicant annotated on the statement that on 10 January 2006, he made a payment of $463.41.

11.  The applicant further submitted a copy of his Account Statement, dated 11 January 2007, that shows he had a balance owed of $788.41.  The statement also advised him that his installment agreement had been accepted and established.  The applicant annotated on the statement that on 10 January 2006, he made a payment of $463.41 and on 23 February 2006 a payment of $325.00, which totaled $788.41.

12.  In a letter dated 18 April 2007 from the Personnel Actions and Services Branch, HRC, St. Louis, Subject:  SGLI's Semiannual Premium Notice, the applicant was advised that the SGLI semi-annual premium notice was mailed each April and October to all IRR and Individual Mobilization Augmentee (IMA) Soldiers attached to units or positions, drilling for points only in a non-pay status, who elected coverage.  Payments for SGLI coverage are made in advance for the next six-month period and payment in full was due no later than 30 days from date of the letter.  The letter advised the applicant that the total amount due from him was $970.00 for premiums for the period April 2007 through September 2007.

13.  In a letter dated 1 October 2007 from the Personnel Actions and Services Branch, HRC, St. Louis, Subject:  SGLI's Semiannual Premium Notice, the letter advised the applicant that the total amount due from him was $1,144.00 for premiums for the period October 2007 through March 2008.

14.  The applicant also submitted a copy of his letter from the Personnel Actions and Services Branch, HRC, St. Louis, dated 7 April 2008.  The letter stated that he had previously been mailed a letter notifying him that he had an overdue SGLI premium balance in the amount of $1,144.00.  That notification had also advised him that unless payment of past premiums were received in full within 60 days, his SGLI coverage would be terminated in accordance with Title 38, United States Code, section 1969.  The letter also stated that his 60-day period had expired and they had not received his payment for past premiums and accordingly, his SGLI had been terminated.  He was further directed to pay and where to submit his outstanding balance, as termination of his SGLI coverage did not absolve him of his SGLI premium debt.

15.  In a letter dated 24 April 2008, the Personnel Actions and Entitlements Branch, HRC, St. Louis, in response to the applicant's inquiry, advised him that an audit of his account revealed $493.00 was due for the period of SGLI coverage from 16 August 2006 to 31 December 2007 and his SGLI coverage was terminated for failure to pay in accordance with Title 38, United States Code, Section 1969.  The letter also advised him that termination of his SGLI coverage did not absolve him of the SGLI premium debt.  

16.  The applicant further submitted a copy of email correspondence between himself and the SGLI and Space-A Program Manager, St. Louis, dated 24 and 25 April 2008.  The HRC official advised the applicant that a review of his documents revealed that he had been double billed for the month of August 2006 and the amount had been reduced by one month, making his new balance $464.00 instead of $493.00.  The applicant was also advised that all the documents he sent were prior to the period that he was currently being billed for, September 2006 to December 2007.  The applicant was further advised that his previous payments to DFAS were for a different time period, so they were not trying to collect for something that he had already paid for.  The HRC official advised the applicant that written correspondence had been sent to his address in Texas and the correspondence provided him the opportunity to decline the SGLI coverage; however, no such declination was received.  The applicant was further advised of his option to pay the debt or appeal his case to the Army Board for Correction of Military Records.

17.  On 29 October 2008, a staff member of the Personnel Actions and Entitlements Branch, HRC, St. Louis, verified that the applicant owed $464.00 in past SGLI premiums and the applicant was being billed for failure to pay his account.  

18.  SGLI is a program of low cost group life insurance for service members on active duty, Ready Reservists, members of the National Guard, members of the Commissioned Corps of the National Oceanic and Atmospheric Administration and the Public Health Service, cadets and midshipmen of the four service academies, and members of the Reserve Officer Training Corps (ROTC).  The SGLI program is a Department of Veterans Affairs program.  Only certain portions of the program, such as preparing the SGLV 8286 (SGLI and Certificate) and collecting premiums are administered by the military services.  This insurance is granted under the SGLI provisions of Title 38, United States Code, and is subject to the provisions of that title and its amendments, and Title 38 Code of Federal Regulations.  The SGLV form must be correctly completed, signed, and received by Service before death in order for the designation on the form to be valid.  SGLI is in effect throughout the period of full-time active duty or active duty for training.  Coverage is also in effect on a full-time basis for reservists who are assigned to a unit or position in which they may be required to perform active duty or active duty for training and each year will be scheduled to perform at least 12 periods of active duty training that is creditable for retirement purposes under Chapter 1223 of Title 10, United States Code.  SGLI coverage continues for 120 days following separation or release.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant elected SGLI coverage in 1995 while serving as a member of the USAR.  He was reassigned from a TPU assignment to the USAR Control Group (Reinforcement) effective 9 August 2006. On 1 October 2007, he was notified a payment of $1,144.00 was due from him for past SGLI premiums for the period from 16 August 2006 to 31 December 2007.  His SGLI coverage was terminated effective 31 December 2007.  After the applicant's inquiry, his account was reviewed and it was revealed he owed $464.00.

2.  The applicant requested relief from the debt because he alleges it is in error.  With respect to his claim, there is no evidence in the record and the applicant did not provide any substantiating evidence that shows that the debt is in error and that he was billed in error.  The applicant was advised that the amount due is for coverage he elected and the costs for premiums he incurred for that coverage. 
As he has also been advised, termination of his SGLI coverage did not absolve him of the SGLI premium debt; therefore, he is not entitled to cancellation or remission of his remaining debt.
3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit evidence that would satisfy this requirement.  In view of the circumstances in this case, there is insufficient evidence to grant the requested relief.   The applicant has not shown error, injustice, or inequity for the relief he requests.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  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.



      _________X_____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080009923



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ABCMR Record of Proceedings (cont)                                         AR20080009923


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