RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-03442
		INDEX NUMBER:  100.03

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

She be reimbursed for the Servicemembers’ Group Life Insurance (SGLI) premiums deducted each month since 20 February 1998.

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APPLICANT CONTENDS THAT:

She has cancelled SGLI twice and made other attempts through Eglin AFB, Bolling AFB and the Pentagon to cancel coverage and be reimbursed.

In support of the her appeal, applicant provided copies of Servicemembers’ Group Life Insurance Election and Certificates (SGLV-8286), dated 20 Feb 98 and 11 Aug 98.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 1 November 2000, Public Law 106-419, Section 312, raised the amount of coverage under the SGLI from $200,000 to $250,000.  Under this provision, every eligible member was automatically covered, regardless of any prior election.  The provision also stated that within the month of April 2001, any eligible member could elect to withdraw or reduce their coverage without being charged $20 per month for the maximum coverage of $250,000.  Members who failed to complete a new SGLV 8286 during the month of April 01 to elect a lower amount of coverage or “no coverage” were automatically covered for $250,000 in accordance with this provision.

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AIR FORCE EVALUATION:

HQ AFPC/DPW reviewed this application and recommended denial.  In their view, the evidence provided by the applicant was insufficient to support her claim.  On 3 January 2002, additional documentation was requested, but the applicant did not respond.  

A complete copy of the evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 April 2002, the applicant provided additional information, with attachments, to support her appeal.

Applicant’s complete submission is at Exhibit D.

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ADDITIONAL AIR FORCE EVALUATION:

HQ AFPC/DPW stated that the applicant was erroneously charged for SGLI for the period of 20 Feb 98 to 31 Mar 01.  On 17 Jul 02, HQ AFPC/DPWCS directed the Defense Finance and Accounting Service (DFAS) reimburse all premiums paid between 20 Feb 98 and 31 March 01.  On 23 July 02, DFAS confirmed that applicant would be reimbursed for premiums charged for this period in the July 02 end of month pay.  

HQ AFPC/DPW recommended denial of the applicant’s request for retroactive termination of SGLI coverage for the period 1 April 01 through 24 July 2002.

On 1 November 2000, Public Law 106-419 raised the amount of coverage under the SGLI from $200,000 to $250,000.  Under this provision, every eligible member was automatically covered, regardless of any prior election.  The provision also stated that within the month of April 2001, any eligible member could elect to withdraw or reduce their coverage without being charged $20 per month for the maximum coverage of $250,000.

The Pentagon community was informed of these changes through their pay statements and newspapers.  Members who failed to complete a new SGLV 8286 during the month of April 01 to elect a lower amount of coverage or “no coverage” were automatically covered for $250,000 in accordance with public law.

In their opinion, the applicant had adequate time during the month of April 01 to make a new election and avoid the increased premiums.  Additionally, the applicant did not provide any documentation to indicate that she was not aware of this change and her responsibility to make a new election or refuse this benefit.  

Applicant’s records reflect that she completed a new SGLV 8286 declining coverage on 25 July 2002, therefore, she was covered at the higher amount for the period 1 May 01 – 24 Jul 02.

A complete copy of the 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 the applicant on 9 August 2002 for review and comment within 30 days (Exhibit F).  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 error or injustice.  The implementing guidance stipulated that members eligible for SGLI on 31 Mar 01 with continued eligibility on 1 Apr 01 would, by law, automatically have their SGLI increased to $250,000 effective 1 Apr 01 regardless of any prior election.  Eligible members could have avoided the additional coverage if they elected to withdraw or reduce their coverage within the month of April 2001.  We have thoroughly reviewed the circumstances surrounding the applicant’s appeal and find no evidence that she was not aware of the change to Public Law 106-419 regarding SGLI coverage.  We note that the Pentagon newspaper and Feb-Mar 01 pay statements were used to inform the Pentagon community of these changes.  It was the applicant’s responsibility to make a new election or to refuse this benefit.  The applicant did not execute a new election certificate declining coverage until 25 July 2002; therefore, she was automatically covered for $250,000 for the period 1 April 2001 through 24 July 2002.  The Air Force has indicated that the applicant had been reimbursed for the SGLI premiums erroneously charged for the period 20 Feb 98 to 31 Mar 01.  Based on the available evidence of record, however, we find no basis to favorably consider her request for reimbursement of the premiums charged for the period 1 Apr 01 to 24 Jul 02.

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THE BOARD RECOMMENDS THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number 01-03442 in Executive Session on 12 December 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 28 Nov 01, w/atchs.
     Exhibit B.  Letter, HQ AFPC/DPW, dated 18 Mar 02.
     Exhibit C.  Letter, SAF/MRBR, dated 22 Mar 02, w/atch.
     Exhibit D.  Applicant’s Response, undated, w/atchs.
     Exhibit E.  Letter, HQ AFPC/DPW, dated 30 Jul 02.
     Exhibit F.  Letter, SAF/MRBR, dated 9 Aug 02, w/atch.