MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  15 December 1999  
	DOCKET NUMBER:   AR1999020783

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

	Mr. Loren G. Harrell		Director	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Ms. Elizabeth Buchanon 		Member	
	Mr. Mark D. Manning		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect remission or cancellation of indebtedness that accrued as a result of premiums for his Serviceman’s Group Life Insurance (SGLI) Premiums continuing to be paid after he stopped participating in the Tennessee Army National Guard (TNARNG) assemblies.

APPLICANT STATES:  In effect that he turned in his military clothing and he stopped participating in the TNARNG assemblies in August 1985.  However, his SGLI premiums continued to be paid until he was discharged in March 1997.  In support of his request he submits NGB Form 22 (Report of Separation and Record of Service), an Account Statement explaining the indebtedness, Orders Number 42-105, and a Social Security Administration Decision Claim Form.

EVIDENCE OF RECORD:  The applicant's military records show:

That he was separated from the TNARNG as a result of being medically unfit for retention in the ARNG.  However, not all of the facts concerning the discharge process are a matter of record.

In connection with his application, the TNARNG, opined (COPY ATTACHED), in essence, that the applicant requested discharged from the TNARNG in the latter part of 1995, as a result of being declared disabled by the Social Security Administration.  The unit contacted him on numerous occasions in an attempt to acquire medical documents that would substantiate his contention.  However, he failed to provide the adequate documentation to support his medical condition until approximately 1 February 1997.

Additionally, the TNARNG opined that the applicant’s unit advised him to stop his SGLI if he was not going to attend training assemblies.  He failed to stop his SGLI insurance coverage and he received SGLI coverage until he was separated.

On 25 July 1997, the applicant received (an Account Statement) a notice of indebtedness from DFAS.  The Account Statement shows that he was indebted to the US Government for $204.30.  He had until 25 August 1997 to pay the premium.

The above advisory opinion was referred to the applicant for comment or rebuttal, but he failed to respond.

Army Regulation 600-4 serves as the authority for processing applications for remission of indebtedness.  It states, in pertinent part, that a debt to the government may be canceled if it is determined that based on the information received, an injustice or hardship, or both exists.  It also states that the soldier's awareness of policy and procedures will be considered as well as whether or not the soldier inquired of proper authority and was told that the payment was correct. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  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 has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant's debt to the government was a valid debt.  

3. The Board concludes that it was the applicant’s responsibility to cancel his SGLI policy/premium.  He was properly advised of this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

TNK____  EB______  MDM____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999020783	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19991215	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR 600-4	
DISCHARGE REASON	A10.21	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.