RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01184
		INDEX CODE:  128.14

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His record be changed to show he outprocessed the 910th Maintenance Squadron (910 MS), Youngstown, OH, on 1 December 1999, and to grant relief of an accrued Servicemembers’ Group Life Insurance (SGLI) and Family Servicemembers’ Group Life Insurance (FSGLI) debt of $715.00.

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APPLICANT CONTENDS THAT:

He understood that the SGLI was only active by participating in the Reserves.  He was also anticipating a medical waiver.

In support of his appeal, the applicant provided a DFAS Form 702, Defense Finance and Accounting Service Military Leave and Earnings Statement.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Title 38 U.S.C., Section 1965(5)(B) and Section 1967(a) states that a member who is assigned to a participating position shall be automatically insured under SGLI for an automatic coverage for $250,000, unless the member reduces or declines coverage.  Member’s Leave and Earnings Statement (LES) shows his coverage was for $250,000 and he was being charged for the coverage.  There is no declination statement in the member’s record.

On 5 June 2001, President Bush passed Public Law 107-14, Survivor Benefits Improvement Act of 2001.  Within the context of the law, the Expanded Servicemembers’ Group Life Insurance program was established to provide spouse and/or children coverage in the event of their death.  The coverage, by law, is automatic for all members of the Armed Forces who have a spouse and/or children where the member is enrolled in SGLI, unless the member declines coverage prior to 31 December 2001 without being charged premiums.  Again, the member’s record shows no declination statement.

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AIR FORCE EVALUATION:

ARPC/DPS recommended denial.  However, the applicant’s pay records should be corrected to show he only owes charges for the months January 2000 through January 2002.  Corrected amounts should be $440.00 for SGLI and $165.00 for FSGLI.  

They indicated that Title 38 U.S.C., Section 1965(5)(B) and Section 1967(a) states that a member who is assigned to a participating position shall be automatically insured under SGLI for an automatic coverage for $250,000, unless the member reduces or declines coverage.  The applicant’s Leave and Earnings Statement (LES) shows his coverage was for $250,000 and he was being charged for the coverage.  There is no declination statement in the member’s record.

There is no written evidence the applicant outprocessed the 910 MS until 3 January 2002.  If the decision is to grant the relief sought, the applicant’s record should be corrected to show he outprocessed the 910 MS 1 December 1999 and correct his pay records to remove any SGLI or FSGLI debt.

The evaluation, with attachment, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 June 2002, a copy of the Air Force evaluation was forwarded to the applicant for review and response within thirty (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.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice warranting partial relief.  The applicant contends that he understood that the SGLI was only active by participating in the Reserves.  He states that he was discharged from the 910 MS in August 1999.  However, it is the Board’s opinion, as stated in the Air Force evaluation, that the only documentation releasing the applicant from his participating position with the 910 MS, was a reassignment order, which shows him leaving the unit with an effective date of 3 January 2002.  We note he did not complete a new SGLV 8286 declining coverage; therefore, he was automatically covered for $250,000.  The applicant has not established to our satisfaction that he was unaware of his responsibility to complete the appropriate forms to decline coverage.  However, in view of the applicant’s reassignment order dated 3 January 2002 and as stated by the Air Force the applicant’s pay records should be corrected to show he only owes charges for the months January 2000 through January 2002.  In view of the foregoing, we recommend his records be corrected 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:

a. For the period January 2000 through January 2002 coverage was in effect for the Service members’ Group Life Insurance under the provisions of Title 38 U.S.C., Section 1965(5)(B) and Section 1967(a).

b. For the period November 2001 through January 2002 coverage was in effect for the Family Service members’ Group Life Insurance under the provisions of Public Law 107-14.

c. On 31 December 2001, he executed an SGLV Form 8286, Service members’ Group Life Insurance (SGLI) Election Certificate and a SGLV Form 8286A, Family Service members’ Group Life Insurance (FSGLI), declining any and all coverage, effective 1 February 2002.

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The following members of the Board considered AFBCMR Docket Number 02-01184 in Executive Session on 24 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 3 April 2002, w/atchs.
   Exhibit B.  Letter, HQ ARPC/DPS, dated 31 May 2002, w/atch.
   Exhibit C.  Letter, SAF/MRBR, dated 7 June 2002.

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AFBCMR 02-01184

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:

		     a. For the period January 2000 through January 2002 coverage was in effect for the Service members’ Group Life Insurance under the provisions of Title 38 U.S.C., Section 1965(5)(B) and Section 1967(a).

		     b. For the period November 2001 through January 2002 coverage was in effect for the Family Service members’ Group Life Insurance under the provisions of Public Law 107-14.

		     c. On 31 December 2001, he executed an SGLV Form 8286, Service members’ Group Life Insurance (SGLI) Election Certificate and a SGLV Form 8286A, Family Service members’ Group Life Insurance (FSGLI), declining any and all coverage, effective 1 February 2002.