DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Docket No. 4017-18 AUG 122018 Subj: REVIEW OF NAVAL RECORD : (a) Title 10 U.S.C. §1552 Encl: (1) DD Form 149 w/attachrnents (2) Subject's naval record 1. Pursuant to the provisions ofreference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that the Petitioner declined enrollment in the Servicemembers' Group Life Insurance (SOLi) from 1October2009 until 12 February 2017. 2. The Board, consisting ofreviewed Petitioner's , and allegations oferror and injustice on 24 May 2018 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, relevant portions of your naval record, and applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. On 30 September 2009, Petitioner was discharged from the Navy. c. On 7 October 2015, the Assistant Secretary of the Navy, Manpower and Reserve Affairs (ASN (M&RA)), changed the Petitioner's record to reflect that he was not discharged from the naval service, but continued to serve on active duty without interruption. Petitioner was placed back on active duty effective 13 February 2017. Upon review and consideration ofall the evidence of record, the Board finds the existence of an injustice warranting the following corrective action. Petitioner was discharged from active duty on 30 September 2009. ASN (M&RA) directed that the Petitioner be placed back on active duty, effective 13 February 2017. As a result, the Defense Finance and Accounting Service (DFAS) took steps to correct the pay and entitlements for the period of constructive service which ran from 1 October 2009 and 12 February 2017. Prior to Petitioner's discharge, he was enrolled in coverage under the SOLi, therefore DFAS calculated a debt associated with the SOLi premiums during the period of constructive service. However, Petitioner was not actually covered by the SOLi during this period and instead obtained life insurance from another provider at his own expense. The Board concluded that it would be unjust to make the Petitioner pay premiums on two insurance policies covering the same period. Further, the Board highlighted that had the Petitioner passed away during this period of constructive service, the SOLi would not have paid out the benefit. As such, a measure of relief is warranted in this case. RECOMMENDATION That Petitioner's naval record be corrected, where appropriate, to show that: On 1 October 2009, Petitioner provided the Navy Personnel Command (NPC) with a SOLi Election Certificate (SOL V 8286) declining enrollment in the SOLi. Note: on 13 February 2017, Petitioner provided the NPC with a SOL V 8286 form electing enrollment in the SOLi. A copy of this Report of Proceedings will be filed in Petitioner's naval record. 4. It is certified that quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proc angs int e above entitled matter. 5. Pursuant to the delegation of authority set ou i e of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.