RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00351

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

He be refunded the Servicemembers’ Group Life Insurance (SGLI) premiums deducted July thru September 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 are 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 at Exhibit B.

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AIR FORCE EVALUATION:

HQ ARPC/DPS, Customer Assistance, recommended the application be denied.  They state that on 1 November 2000, Public Law 106-419, Section 312, enacted by President Clinton, raised the amount of coverage under the SGLI from $200,000 to $250,000.  Under this provision, every eligible member of the Participating Individual Ready Reserve (PIRR) was automatically covered, regardless of any prior election.  The provision also stated that within the month of April 2001, any PIRR member could elect to withdraw or reduce their coverage without being charged $20 per month for the maximum coverage of $250,000.

HQ ARPC advertised this change to the program extensively.  An article was included in the January/February 2001 issue of the ARPC Update and again in the May/June 2001 issue, which were mailed to all individual mobilization augmentees (IMAs) at their home address.  Their website had information about the change, along with instructions on what to do if you wished to change your election or decline coverage.  This was also printed on the February 2001 Leave and Earnings Statement (LES).  In addition, information was posted on the “Above and Beyond” ARPC website.

They further state that the applicant indicated that he did not ask for the insurance, and they just started taking out of his pay.  However, the coverage was automatic and was extensively advertised.  Applicant did not cancel his coverage until 2 September 2001, so he was charged for coverage from April – September 2001.  

A complete copy of the evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 5 April 2002 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit C).

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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.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES 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 this application AFBCMR Docket Number 02-00351 in Executive Session on 24 July 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Jan 02, w/atchs.
    Exhibit B.  Letter, HQ ARPC/DPS, dated 15 Mar 02, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 5 Apr 02, w/atchs.