RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02052
		INDEX CODE: 128.14
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be reimbursed for overpayment of Servicemember’s Group Life Insurance (SGLI) premiums he paid for the period of 1 April 2001 through 1 June 2001.  

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal 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.  Accordingly, there is no need to recite these facts in this Record of Proceedings.  

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AIR FORCE EVALUATION:

The Director, Personnel Accountability, AFPC/DPW, reviewed the application and recommends the Board disapprove the applicant’s request for retroactive termination of SGLI coverage for the period covering 1 April through 1 May 2001 and approve reimbursement for the period covering 1 June 2001 through 30 June 2001 in the amount of $20.00.  

AFPC/DPW states that Aviano Air Base took adequate steps as directed to inform all members of the increase in coverage and that the applicant had adequate time during the month of April 2001 to make a new election and avoid the increased premium.  However, because the applicant declined coverage on 4 May 2001, he should be reimbursed for the 1 – 30 June 2001 SGLI coverage. 

A complete copy of the Air Force evaluation is attached at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 7 September 2001 for review and response. 

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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 error or injustice.  While the applicant was properly charged with a debt as a result of the passage of Public Law 106-419, Section 312, effective 1 April 2001, which automatically increased the level of SGLI coverage, we believe that reimbursement of a portion of the premiums withheld from his pay is appropriate.  In an advisory opinion prepared for our review, it has been stated that since the applicant declined SGLI coverage on 4 May 2001, the applicant should be reimbursed for the period covering 1 June 2001 through 30 June 2001.  However, since the applicant did not decline election until 4 May 2001, and the applicant has provided no evidence showing that the sources of information concerning the increased SGLI cited by the Air Force were unavailable to him, it is our opinion that no basis exists to reimburse the premiums withheld for the period 1 April 2001 through 31 May 2001.  Accordingly, the applicant’s records should be corrected only to the extent 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 4 May 2001, he executed an SGLV Form 8286, Servicemen’s Group Life Insurance (SGLI) Election Certificate, declining any and all coverage, effective 1 June 2001.

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The following members of the Board considered this application in Executive Session on 	, under the provisions of AFI 36-2603:

	             Panel Chairman
	             Member
	             Member

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

   Exhibit A.  DD Form 149, dated 10 July 2001 w/atchs.
   Exhibit B.  Letter, AFPC/DPW, dated 29 August 2001.
   Exhibit C.  Letter, SAF/MIBR, dated 7 September 2001.

                                   

AFBCMR 01-02052	

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