RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02154
		INDEX CODE:  128.14

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be reimbursed for the premiums deducted from his pay in Apr, May, Jun and Jul 01 for Service members’ Group Life Insurance (SGLI).

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APPLICANT CONTENDS THAT:

There was inadequate and inaccurate notice of the pending SGLI increase.  He did not authorize changing his SGLI election from “no coverage” to $250,000.  He never signed a contract stating that he wanted SGLI coverage.  As such, he completely disregarded the notice on the bottom of his Feb/Mar/Apr Leave and Earnings Statement (LES) which read:  “Effective Apr 1, 2001, SGLI automatically increases to $250,000.  Contact your personnel office for more information.”  To him, and he would hope to anyone else with command of the English language, “increases” means something very different than “enroll.”

After noticing SGLI was deducted from his Apr LES, he went to the Personnel Office at Aviano AB, Italy, on 16 May 01 to see what was going on.  At that time, the staff made him sign an SGLV 8286 to decline SGLI (he can be automatically enrolled into a life insurance contract but needs a signature to cancel it).  Soon thereafter, he left temporary duty (TDY) returning on 20 Jul 01 only to find that SGLI was still being deducted from his paycheck.  He was informed that in order to get his money back, he would have to compile, complete and mail several forms (LES, SGLV 8286, DD Form 149) for the Board’s review.  He expects to be refunded $80 ($20 a month for the months of Apr, May, Jun, and Jul) on his Sep LES.

Applicant’s complete submission is attached 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.

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AIR FORCE EVALUATION:

AFPC/DPW indicated that Section 312 of Public Law 106‑419, 1 Nov 00, automatically increased the level of SGLI coverage for all eligible military members from $200,000 to $250,000 effective 1 Apr 01.  Implementing guidance, dated 12 Mar 01, stipulated that members eligible for SGLI on 31 Mar 01 with continued eligibility on 1 Apr 01 would have their SGLI increased to $250,000 effective 1 Apr 01, regardless of any prior election.  Members who had elected less than $250,000 coverage prior to 1 Apr 01 could avoid any higher premiums provided they completed a new SGLV 8286 in Apr 01 to retain their previously elected coverage.  The applicant did not complete a new SGLV 8286 declining coverage until 16 May 01.  DPW’s office spoke with a staff sergeant, 31st CPTS/FMFC, and was told that the applicant was reimbursed $20 for the month of Jul 01 and was not reimbursed for Jun 01.

DPW states that the Aviano AB military access channel, base newspaper, and Feb-Mar 01 pay statements, were used to inform the Aviano AB military community of these changes.  Members who failed to complete a new SGLV 8286 during the month of Apr 01 to elect a lower amount of coverage or “no coverage” were automatically covered for $250,000 in accordance with public law.

DPW recommends the Board disapprove the applicant’s request for retroactive termination of SGLI coverage for the period covering Apr 01 through May 01 and approve reimbursement for the period covering 1 Jun through 30 Jun 01 in the amount of $20.  It is their opinion that the Aviano AB leadership 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 Apr 01 to make a new election and avoid the increased premium.  Additionally, he did not provide any documentation to indicate that he was not aware of this change and his responsibility to make a new election or to refuse this benefit.  In accordance with public law, the applicant was automatically covered for $250,000 for the period 1‑30 Apr 01.  Finally, because he did not complete a new SGLV 8286 declining coverage until 16 May 01, he was also covered at the higher amount for the period 1 May - 31 May 01 and was charged for the increased coverage for 1 Apr - 31 May 01.  Had he become a fatality while on active duty between 1 Apr - 31 May 01, the proceeds of the $250,000 coverage would have been paid in accordance with Section 1970, Title 38, United States Code (USC).

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 copy of the Air Force evaluation was forwarded to applicant on 14 Sep 01 for review and response within 30 days.  As of this date, no response has been received by this office.

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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.	Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice warranting reimbursement for premiums deducted from applicant’s pay in Apr and May for SGLI.  It appears that implementing guidance stipulated that members eligible for SGLI on 31 Mar 01 with continued eligibility on 1 Apr 01 would have their SGLI increased to $250,000 effective 1 Apr 01 regardless of any prior election.  We have thoroughly reviewed the circumstances surrounding the applicant’s appeal and find no evidence that he was not aware of the change to Public Law 106‑419 regarding SGLI coverage.  While he indicated that he disregarded the notice on the bottom of his LES, we note that the military access channel, base newspaper, and Feb-Mar 01 pay statements were used to inform the Aviano Air Base military community of these changes and it was the applicant’s responsibility to make a new election or to refuse this benefit.  In view of the foregoing, we find no basis to recommend applicant’s request that he be reimbursed for premiums deducted from his pay in Apr and May be favorably considered.  We note that he was automatically covered for $250,000 for the period 1 - 30 Apr 01 and 1 May - 31 May 01 because he did not complete a new SGLV 8286 declining coverage until 16 May 01.  We also note that he was reimbursed $20 for the month of Jul 01.

4.	Notwithstanding the above, in their advisory opinion of 7 Sep 01, AFPC/DPW recommends that the applicant be reimbursed for the period covering 1 Jun through 30 Jun 01 in the amount of $20.  We agree with their recommendation.  Therefore, we recommend applicant’s 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 he be reimbursed for the period covering 1 Jun through 30 Jun 01 in the amount of $20 for SGLI coverage.

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The following members of the Board considered this application in Executive Session on 20 December 2001, 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 23 Jul 01, w/atchs.
     Exhibit B.  Letter, AFPC/DPW, dated 7 Sep 01.
     Exhibit C.  Letter, AFBCMR, dated 14 Sep 01.

                                   

AFBCMR 01-02154

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 he be reimbursed for the period covering 1 June through 30 June 2001 in the amount of $20 for Service members’ Group Life Insurance (SGLI) coverage.