RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02519
		INDEX CODE:  128.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS:

Removal of the debt balance for Servicemembers’ Group Life Insurance (SGLI).

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APPLICANT CONTENDS THAT:

He was enrolled in SGLI without his permission.  He never received information notifying him of his enrollment.  He declined SGLI when he entered the Air Force Reserve in 1996.

Supporting documents were not submitted.  The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B.

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AIR FORCE EVALUATION:

HQ ARPC/DPS recommends the application be denied.  DPS stated that the SGLI reinstatement was automatic under Public Law 106-419, Section 312.  The reinstatement of SGLI, along with directions on how to decline coverage, was extensively advertised.  The HQ ARPC/DPS evaluation, with attachment(s), is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and provided a list of reasons as to why the advisory opinion is flawed.  In view of the reasons listed, he contends that the SGLI was improperly started and that the associated bill should be removed from his record.  The applicant’s complete response, with attachment, is at Exhibit D.

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ADDITIONAL AIR FORCE EVALUATION:

HQ ARPC/DPS recommends the application be denied.  With regard to the applicant’s allegation that he resigned from his position in Nov 00 and was released in Jan 01, HQ ARPC/DPS stated that the applicant was actually transferred to an inactive status on 25 Jul 01.  DPS indicated that the Air Reserve Personnel Update is mailed to all members who are in an Individual Mobilization Augmentee position based on a roster run from the master personnel data base which selects addresses based on a specific record status code and a Personnel Accounting Symbol (PAS).  Information taken from the database in May 01 shows the applicant’s record met both of these criteria and his address is correct.  Although the applicant states he did not receive an IMA Update for three years, DPS sees no reason it would not have reached his home address.  The HQ ARPC/DPS evaluation, with attachments, is at Exhibit E.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the additional Air Force evaluation was forwarded to applicant on 5 April 2002 for review and response.  As of this date, no response has been received by this office (Exhibit F).

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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 probable injustice.  After careful consideration of all the facts and circumstances of applicant’s case, we are persuaded by the documentation provided that the applicant was unaware of the changes to the SGLI program until he received his 30 June 01 Leave and Earnings Statement (LES).  Since the applicant apparently was not a member of the Participating Individual Ready Reserve (PIRR), there is a possibility that he did not have access to the information concerning the SGLI program changes.  We believe that, had the applicant received notification of the change prior to receipt of the Jun 01 LES, he would have initiated the appropriate paperwork at that time.  In view of the foregoing, we recommend that, in the interest of justice, any doubt be resolved in favor of the applicant and his records be corrected as indicated below.

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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 1 April 2001, he executed an SGLV Form 8286, Servicemen’s Group Life Insurance (SGLI) Election Certificate, declining any and all coverage, effective 1 April 2001.

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The following members of the Board considered Docket Number 01‑02519 in Executive Session on 24 July 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 29 Aug 01.
   Exhibit B.  Letter, HQ ARPC/DPS, dated 7 Nov 01, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 16 Nov 01.
   Exhibit D.  Letter from Applicant, dated 25 Nov 01.
   Exhibit E.  Letter, HQ ARPC/DPS, dated 25 Mar 02, w/atchs.
   Exhibit F.  Letter, SAF/MRBR, dated 5 Apr 02.

                                   

AFBCMR 01-02519

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 APPLICANT be corrected to show that on 1 April 2001, he executed an SGLV Form 8286, Servicemen’s Group Life Insurance (SGLI) Election Certificate, declining any and all coverage, effective 1 April 2001.