RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00666
		INDEX CODE:  128.14

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1. His record be changed to show that he out-processed from the XXXnd Fighter Squadron (XXX FS), Luke AFB, AZ in August 1999.

2. He be reimbursed $273.00 for an accrued Servicemember’s Group Life Insurance (SGLI) Debt and to remove any derogatory comments on his credit report in reference to the SGLI debt.

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APPLICANT CONTENDS THAT:

Erroneous information has been reported on his credit report.  SGLI is reporting a charge-off balance of $273.00.  He is disputing this balance; his account should show a zero balance.  This erroneous reporting is damaging his credit rating and causing him difficulty in obtaining credit.

He was discharged from the Air Force Reserve in August 1999.  He states that he received mail after his discharge referencing that his SGLI would expire in one month if he did not transfer it to VGLI and pay the premiums.  He was not interested in purchasing VGLI and allowed the SGLI to expire.

In support of his appeal the applicant provided a personal letter.

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

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STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in the grade of senior airman.

The remaining relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letters prepared by the appropriate offices of the Air Force (Exhibits B and E).

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AIR FORCE EVALUATION:

HQ ARPC/DPS recommended denial.  They indicated that the applicant states he was discharged from the XXXFS in August 1999.  A technician at the XXXFS supplied a written record of her account of the out-processing of the applicant in August 1999 timeframe.  The technician stated the applicant’s records were destroyed after one year per the Record Management Disposition instruction.  Presently, there are no records on the applicant at the Military Personnel Flight (MPF).

After reviewing the applicant’s record, there is no record of the applicant out-processing the unit in August 1999.  The only relevant document found in his records was a reassignment order, which shows he left the unit with an effective date of 26 November 2000.  

If the decision is to grant the relief sought, the applicant’s record should be corrected to show he out-processed the XXXFS in August 1999, and any debt from 1 September 1999 to present should be cleared from his pay records.  Any derogatory comments on the applicant’s credit reports concerning SGLI indebtedness should be removed.

The evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and provided a response, with attachments, which is at Exhibit D.

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ADDITIONAL AIR FORCE EVALUATION:

ARPC/DPS recommended denial.  They indicated that the following information is provided in response to the additional questions concerning applicant.

The applicant states he was discharged from the XXXFS in August 1999.  Personnel at the XXXFS supplied written correspondence of her accounts on behalf of the applicant.  She recalled out-processing the applicant in the August 1999 timeframe.  The applicant’s records were destroyed after one year per the Record Management Disposition Instruction.  Presently, there are no records on the member at the Military Personnel Flight (MPF).

According to the Chief, Relocations, XXXFW/MSS/DPMSA, the applicant performed active duty, 30 March 1995 to 29 March 1999, and transferred to the XXXMSS, Luke AFB, Arizona.  He reported in April 1999 and performed four drills.  He was a no-show through July 1999 at which time he was involuntary reassigned to the Obligated Reserve Section (ORS), due to unsatisfactory participation as outlined in AFMAN 36-8001, Paragraphs 1.3.1 and 4.12.1.  His obligation will expire 7 February 2003.

The applicant earned 15 Retirement/Retention points and 15 membership points during this time period.

In view of the above, there is no written evidence the member out processed at the XXXFS prior to being sent to the ORS on 26 November 2000.  

If the decision is to grant the relief sought, the member‘s record should be corrected to show he out processed the XXXFS in August 1999, any debt should be deleted for SGLI and derogatory comments on the member’s credit report concerning indebtedness should be removed.

The evaluation, with attachments, is at Exhibit E.

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APPLICANT'S REVIEW OF ADDITIONAL EVALUATION:

The applicant reviewed the evaluation and indicated that Federal law requires that an entity that reports information to the credit reporting agencies respond to a dispute within thirty days and it upsets him that there is still not closure of this matter.

When MSgt R--- M--- responded to an inquiry regarding his military records he stated, “this whole situation could have been avoided if he would have come back to the unit to out-process.”  Everyone who has reviewed his complaint has ignored his statements and those of TSgt R--- K—-- F--- the two eye witnesses to his out-processing.  They have both stated that he did out- process in August of 1999.  Even MSgt R--- M---‘s records show “stop (SIC) showing up for drill August 1999.”  Please consider that the reason he stopped attending drill at that time was due to the fact that he did out-process that month.

The very records that could have supported his position were destroyed by the military in August of 2000, several months prior to the “reassignment order” with an effective date of 25 November 2000 referenced in MSgt M---‘s response.  It would be unfair to base your decision on the fact that there is no longer written evidence of his out-processing when it is part of the military’s procedure to destroy said records within a year.

Applicant’s response is at Exhibit G.

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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 an error or an injustice.  After reviewing the evidence of record, we are persuaded that the applicant out-processed from the XXXnd Fighter Squadron (XXXFS), Luke AFB, AZ in August 1999.  In this respect, we note that the technician at XXXS has supplied a written record of her accounts on the applicant and the technician recalls out-processing the applicant in the August 1999 timeframe.  The Air Force cannot verify whether or not the applicant did in fact out-process on the date in question.  In view of the above and in an effort to remove any possibility of an injustice to the applicant, we believe that any doubt should be resolved in applicant’s favor.  Therefore, we recommend his records be corrected to the extent indicated below.  In regard to the applicant’s request that the SGLI debt be removed from his credit report, this Board does not have the authority to direct such action.  However, we suggest that the applicant provided the credit bureau with a copy of the Board’s decision and request that the information be removed.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 30 August 1999 he out-processed from the XXXnd Fighter Squadron, Luke AFB, AZ, and that any indebtedness incurred as a result of non payment of SGLI premiums from 1 September 1999 to the present be removed from his pay records.

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The following members of the Board considered AFBCMR Docket Number 02-00666 in Executive Session on 12 December 2002, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 12 February 2002, w/atchs.
   Exhibit B.  Letter, ARPC/DPS, dated 29 April 2002, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 10 May 2002.
   Exhibit D.  Letter, Applicant, dated 27 May 2002, w/atchs.
   Exhibit E.  Letter, ARPC/DPS, dated 16 October 2002, w/atchs.
   Exhibit F.  Letter, SAF/MRBR, dated 25 October 2002.
   Exhibit G.  Letter, Applicant, dated 28 October 28 2002.

				

AFBCMR 02-00666

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    , be corrected to show that on 30 August 1999 he out-processed from the XXXnd Fighter Squadron, Luke AFB, AZ, and that any indebtedness incurred as a result of non payment of SGLI premiums from 1 September 1999 to the present be, and hereby are, removed from his pay records.