ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-02700
		INDEX CODE:  100.00
		COUNSEL:  NO

		HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the applicant's appeal for reconsideration, he contends he was miscounseled regarding termination of his SGLI coverage and requests he be reimbursed Servicemembers’ Group Life Insurance (SGLI) premiums from 1 April 2001 through 31 December 2001.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant originally declined SGLI coverage on 12 May 1997.

SGLI coverage was increased from $200,000 to $250,000 for all military members effective 1 April 2001 with the passage of Public Law (PL) 106-419. 

The applicant submitted an SGLV Form 8286 on 13 December 2001 to terminate the deduction of SGLI premiums.

The applicant's request to be reimbursed for his SGLI premiums was considered and denied by the Board on 15 April 2003.  For an accounting of the facts and circumstances surrounding the applicant's request for reimbursement of SGLI premiums, and the rationale of the earlier decision by the Board, see the Record of Proceedings, with attachments, at Exhibit D.

On 23 June 2003, the applicant submitted a DD Form 149 requesting reconsideration based on his being deployed and unable to respond to a request for additional information.  The applicant’s request with attachments is attached at Exhibit E.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPW states all servicemembers who were eligible for SGLI coverage on 31 March 2001 with continued eligibility on 1 April 2001 coverage would have their SGLI increased from $200,000 to 
$250,000, unless the servicemember completed an SGLV Form 8286 electing not to participate or elected a lesser amount of coverage.

Lackland AFB notified its servicemembers of the pending change to SGLI coverage by using the base bulletins, newspapers, and the April 2001 pay statements.  The Military Personnel Flight (MPF) Commander advised DPW that her customer service representatives fully understood the guidance from AFPC regarding the pending changes in coverage for SGLI and finds it difficult to support the contention of miscounseling.

AFPC/DPW further states that appropriate measures were taken to notify the servicemembers in the Lackland AFB community of the changes in the SGLI coverage and had the applicant become a fatality during the time period in question his beneficiary would have received a $250,000 payment in accordance with 38 USC 1970.  Therefore based on the information provided, they recommend the request for reimbursement of premiums from 1 April 2001 through 31 December 2001 be denied.

The AFPC/DPW evaluation, with attachment, is at Exhibit F.

_________________________________________________________________

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 17 October 2003, for review and response.  As of this date, no response has been received by this office.  

_________________________________________________________________

THE BOARD CONCLUDES THAT:

After careful consideration of the applicant’s reconsideration request and the documentation he submitted, we are not persuaded to override the Board's original decision.  The applicant alleges the personnel in the MPF office advised him that if he had previously elected not to participate in the SGLI program, that he would not have to resubmit another election form for the change in coverage that would become effective 1 April 2001.  The Air Force Office of Primary Responsibility contacted the Lackland AFB MPF Commander and she advised them that the customer service representatives at Lackland were well versed in the guidance from AFPC regarding the SGLI changes and she finds it difficult to support the contention of miscounseling.  Furthermore, the Lackland AFB used base bulletins and newspapers as well as April 2001 pay statements to inform the military community of the upcoming changes in SGLI.  According to the leave and earning statements he submitted, the one for the 1-28 Feb 01 pay period clearly indicated the SGLI automatic increase.  It would appear that he was notified of the SGLI increase and we find no evidence to support his miscounseling contention.  Therefore, in the absence of evidence to the contrary we find no compelling basis to warrant favorable consideration of this application.

________________________________________________________________

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.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2002-02700 in Executive Session on 1 December 2003, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

	Exhibit D.	Record of Proceedings, dated 25 Apr 03, w/atchs.
	Exhibit E.	Applicant’s Reconsideration Request, dated 23 Jun 03, w/atchs.
	Exhibit F.	Letter, AFPC/DPE, dated 7 Oct 03, w/atch.
	Exhibit G.	Letter, SAF/MRBR, dated 17 Oct 03.