IN THE CASE OF:
BOARD DATE: 21 May 2013
DOCKET NUMBER: AR20120018199
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 forgiveness of a debt.
2. The applicant states that:
a. on 1 October 2011, he was sent home from training and told not to attend any further drills due to a pending medical review board (MRB).
b. effective 1 March 2012, he was transferred to the Retired Reserve because he was determined to be medically disqualified for further service.
c. he was perfectly able to perform any duties that were assigned to him at that time, but he did not receive drill pay or retirement points.
d. he received a letter from the Defense Finance and Accounting Service (DFAS) informing him that he owed $285.00 for collection of Servicemembers' Group Life Insurance Payments (SGLI) premiums for the period September 2011 to February 2012.
e. His unit did not inform him he could have stopped the SGLI payments. He would have stopped the payments because he was not receiving drill pay or retirement points.
f. Due to penalties and interest, the debt increased to $404.13. He paid $202.07 on 31 December 2012 and $202.06 on 1 February 2013.
g. He requests reimbursement for the $404.13 he paid on this debt.
3. The applicant provides:
a. 9 August 2012 DFAS letter.
b. 29 November 2012 letter from the U.S. Department of the Treasury informing him that DFAS had referred his unpaid debt to them for collection.
c. 1 February 2013 email note showing he paid $202.06.
d. 11 January 2013 Chronological Statement of Retirement Points.
e. 1 March 2012 National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).
f. 18 April 2012 orders transferring him to the Retired Reserve effective
1 March 2012.
CONSIDERATION OF EVIDENCE:
1. The applicant is a Chief Warrant Officer Four/W-4 in the Retired Reserve.
2. In connection with the processing of this case, an advisory opinion was obtained from the Chief, Personnel Policy Division, National Guard Bureau (NGB), Arlington, Virginia. This advisory official indicated:
a. the applicant stated he was sent home during his unit training assembly due to a pending MRB on 1 October 2011. He claims that his retirement date was effective 1 March 2012. As a result, DFAS sent him a letter stating he had a debt of $285.00.
b. According to DFAS and the Tennessee Army National Guard (TNARNG), the unit should have submitted a request to have the applicant's SGLI collection stopped. It was the unit's responsibility to determine the stop date prior to the applicant's separation and submit a request to DFAS. This did not happen. As a result, the applicant received a debt for SGLI premiums, penalties, and fees.
c. The error occurred due to no fault of the applicant, and he should not be penalized as a result of the unit's error. Full administrative relief is recommended.
3. On 27 March 2013, a copy of the advisory opinion was forwarded to the applicant for information and to allow him an opportunity to submit comments or a rebuttal. He responded by forwarding a memorandum restating his request and a copy of the 29 November 2012, Department of the Treasury letter.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the debt he incurred concerning SGLI premiums paid while he was pending an MRB should be forgiven and he should be reimbursed for the $404.13 he paid to settle the debt.
2. The advisory official indicated the applicant's unit should have submitted a request to have the applicant's SGLI collection stopped. It was the unit's responsibility to determine the stop date prior to the applicant's separation and submit a request to DFAS. This did not happen. As a result, the applicant received a debt for SGLI, penalties, and fees. The error occurred due to no fault of the applicant, and he should not be penalized as a result of the unit's error. Full administrative relief is recommended.
3. In view of the above, it would be appropriate to correct the applicant's record to show a notice was filed with DFAS to stop his SGLI premiums in a timely manner debt and reimburse him the $404.13 he paid to settle the debt.
BOARD VOTE:
___x____ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Army National Guard and Department of the Army records of the individual concerned be corrected by:
a. showing the appropriate authority filed a notice with DFAS to stop the SGLI premiums in a timely manner; and
b. reimbursing the applicant the $404.13 he paid to settle the indebtedness.
_______ _ _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) AR20110010919
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ABCMR Record of Proceedings (cont) AR20120018199
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