RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01963 

   						COUNSEL:  NONE 								
HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her spouse’s federal tax return in the amount of $1003 be returned in full and her credit report reflecting the Federal lien imposed upon her by the Air National Guard (ANG) be expunged. 

APPLICANT CONTENDS THAT:

She should have been discharged in Jun 14, but her ANG unit did not discharge her until 13 Apr 15.  On 6 Jun 14, she was diagnosed with a medical condition which prevented her from attending initial active duty training (IADT) without first receiving a medical waiver.  However, she had already been paid for her temporary duty (TDY) to IADT.  She immediately paid back every cent she was given.  Then, she receive a letter stating she owed taxes on the amount she had repaid and for Servicemember’s Group Life Insurance (SGLI) which she should never have received.  Because of the mistake in her unit, which they had several opportunities to fix, she was sent to collections.  It would appear they are conspiring to do her harm to cover up any mistake.

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

STATEMENT OF FACTS:

The applicant initially enlisted in the Arkansas Air National Guard on 18 Jul 13. 

On 13 Apr 15, the applicant was furnished an Entry Level Separation (ELS), with a narrative reason of “failure to attend scheduled IADT within 365 days of enlistment--no fault of their own,” and was credited with 1 year, 8 months, and 27 days of active service.   

According to the DD Form 2789, Waiver/Remission of Indebtedness Application, submitted by the applicant, which she signed on 26 Oct 15, DFAS-IN/Debt and Claims, billed her for debt due to overpayment of base pay ($974.24) and for SGLI premiums ($203) due covering the period Oct 14 through Apr 15 based upon her date of separation of 13 Apr 15.  

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility, which are attached at Exhibits C and D.    

AIR FORCE EVALUATIONS:

NGB recommends denial indicating there is no evidence of an error or an injustice.  Upon enlisting in the Arkansas ANG, the applicant was briefed on SGLI. At that time, she signed a Form 8286, SGLI Election Certificate, electing coverage in the amount of $400,000.  According to the unit records, when she was discharged from the ANG on 13 Apr 15, her file history did not contain any updated documentation to decline or cancel her SGLI.  Therefore, a resulting debt to SGLI in the amount of $203 accrued. 

The applicant’s debt in the amount of $974.24 is the difference between the gross allowance she earned ($5,240.31), and the net allowance payment ($4,266.07) loaded into her account.  This debt occurred when her active duty orders for initial active duty training (basic training) were not cancelled in time to prevent a payroll action.  Once she realized the orders were not cancelled, she repaid the net amount, not realizing it was the gross amount which should have been repaid.  The gross amount of the payment is assigned to her DFAS pay record and as such must be repaid in full.  Additionally, the offices of the NGB Customer Support Policy Branch and Financial Management have validated the applicant was not erroneously charged for SGLI, and do not recommend the Board grant relief due to no existing evidence of SGLI declination.  

A complete copy of the NGB evaluation is at Exhibit C.

DFAS/IN recommends denying the applicant’s request, indicating there is no evidence of an error or injustice.  Portions of the applicant’s original debt were remitted.  The balance still due was from the payment of Base Pay received for unfulfilled training.  The outstanding debt has now been paid in full by the collection of tax return filed for tax year 2015.  There is no record of the return of funds received by the applicant as stated in the request for correction of record.  

A complete copy of the DFAS/IN evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

In further support of this original request, the applicant submitted a rebuttal to the Air Force evaluation, in which he takes exception to the OPRs recommendation to deny.  In her rebuttal, she re-submits her documentation from her original application, along with a personal statement with the chronology of events which caused her to apply to the AFBCMR. (Exhibit F)

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 concerning the applicant’s request the $974 of her spouse’s 2015 Federal taxes payment which the Government collected be returned, and the Federal lien imposed on her be the ANG be expunged.  We took notice of the applicant’s complete submission, to include her rebuttal response to the advisory opinion, in judging the merits of the case; however, we agree with the opinions and recommendations of NGB and DFAS/IN as they apply to the issue of pay collected in 2015 and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice concerning pay.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting that portion of the requested relief.  

3.  However, sufficient relevant evidence has been presented to demonstrate the existence of an injustice concerning the applicant’s continued participation in SGLI and payment of SGLI premiums.  While we note the comments of AFPC/DPXX indicating relief should be denied because the applicant’s records contain no evidence of SGLI declination, we believe a preponderance of the evidence substantiates corrective action is warranted.  In this respect, we note the applicant’s medical condition which prevented her from further service was identified in Jun 14, but she was not officially out processed from her unit until Apr 15.  The Board does not believe a young Airman with less than one year service who had not even attended Basic Training yet would have sufficient knowledge to submit paperwork cancelling SGLI unless it was on the guidance and recommendation of her leadership.  While the Board sees no technical error, given that her separation did not occur for an additional 10 months after she functionally ceased to serve as a military member and it appears she was not provided timely guidance of cancelling her SGLI, we believe the applicant is the victim of an injustice.  Therefore, we recommend the applicant’s records be corrected as indicated below.  

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show on 30 June 2014, she signed an SGLV Form 8286, Servicemember’s Group Life Insurance Election and Certificate, terminating her participation in the Servicemember’s Group Life Insurance, effective 30 June 2014. 

The following members of the Board considered AFBCMR Docket Number BC-2016-01963 in Executive Session on 26 Sep 17 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01963 was considered:

	Exhibit A.  DD Form 149, dated 10 May 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB, dated 8 Aug 16.
	Exhibit D.  Memorandum, DFAS/IN, dated 21 Oct 16.
	Exhibit E.  Letter, SAF/MRBR, dated 8 Mar 17.
	Exhibit F.  Letter from Applicant, undated, w/atchs.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.
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