RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00193
		INDEX CODE:  128.14

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be reimbursed $140.00 for Servicemembers’ Group Life Insurance (SGLI) premiums deducted from his pay in April, May, June, July, August, September and October 2001.

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APPLICANT CONTENDS THAT:

He was never informed that those members who were not currently enrolled in the coverage would automatically have SGLI coverage applied to them without their consent.  He states he had private insurance coverage throughout the time period, as identified in the attached copies of his Leave and Earning Statements (LESs), supporting the fact that he did not need/want the coverage.

In support of the appeal, applicant submits a personal statement and copies of his LESs.

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 states that Section 312 of Public Law 106-419,          1 November 2000, automatically increased the level of SGLI coverage for all eligible military members from $200,000 to $250,000 effective 1 April 2001.  Implementing guidance dated   12 March 2001 stipulated that members eligible for SGLI on      31 March 2001 with continued eligibility on 1 April 2001 would have their SGLI increased to $250,000 effective 1 April 2001, regardless of any prior election.  Members who had elected less than $250,000 coverage prior to 1 April 2001 could avoid any higher premiums provided they completed a new SGLV 8286 in April 2001 to retain their previously elected coverage.  Applicant did not complete a new SGLV 8286 declining coverage until 30 November 2001.

The Cavalier Air Force Station February-March 2001 pay statements and base newspaper were used to inform the Cavalier Air Force Station military community of these changes.  Members who failed to complete a new SGLV 8286 during the month of April 2001 to elect a lower amount coverage or “no coverage” were automatically covered for $250,000 in accordance with public law.  They recommend the Board approve applicant’s request for reimbursement of all overcharged premiums as of 1 December 2001 and disapprove reimbursement of all charged premiums from April-30 November 2001.  Applicant 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, applicant was automatically covered for $250,000 for the period 1 April- 30 April 2001.  Finally, because he did not complete a new SGLV 8286 declining coverage until 30 November 2001, he was also covered at the higher amount for the period 1 May-30 November 2001 and was charged for the increased coverage for 1 April- 30 November 2001.  Had he become a fatality while on active duty between 1 April-30 November 2001, the proceeds of the $250,000 coverage would have been paid IAW 38 U.S.C. 1970.

A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that it is noted that notification of the SGLI reenactment was posted in their base newspaper.  Notification of the SGLI reenactment is nonexistent in their base bulletin.  He agrees that it is his fault for not checking his LES statements closer however, he didn’t have a known reason to check his monthly statements any closer than normal.  He states that he just recently received his February 2002 monthly LES and noticed the SGLI was still being taken out.  He further states that if the period of 1 April–30 November 2001 is disapproved for reimbursement he request that the Board review when his declination of SGLI coverage actually takes place and reimburse him for any month he was charged past 30 November 2001.

Applicant's complete response, with attachments, is attached at Exhibit E.

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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.  We note the assertion in the advisory opinion that notification of the changes to the SGLI program was posted in the base newspaper.  We are aware that the place of assignment has no base newspaper and, based on information provided by the applicant, it appears that no notification of the cited information was included in the base bulletin.  The applicant admits he is partially to blame for not checking his pay statements more closely.  However, in view of the apparent failure on the part of unit authorities to disseminate information pertaining to the changes in the SGLI program by every possible method, we believe this matter should be resolved in the applicant’s favor.  Therefore, we believe that his record should be corrected to show he filed a SGLV 8286, on 1 April 2001 declining coverage. 

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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 and Certificate, declining any and all coverage, effective 1 April 2001.

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The following members of the Board considered this application in Executive Session on 2 July 2002, under the provisions of AFI 36-2603:

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

   Exhibit A.  DD Form 149, dated 7 Jan 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPW, dated 25 Feb 02.
   Exhibit D.  Letter, MRBR, dated 1 Mar 02.
   Exhibit E.  Applicant's Response, dated 6 Mar 02, w/atchs.

                                   

AFBCMR 02-00193

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