RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00349
				INDEX CODE:  100.00

				COUNSEL:  None

				HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

She be refunded the Servicemember’s Group Life Insurance (SGLI) premiums deducted from 1 April 2001 to present.

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APPLICANT CONTENDS THAT:

She declined SGLI coverage on 19 March 2001.  She did not authorize the change from no coverage to $250,000 in April 2001.

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

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STATEMENT OF FACTS:

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.

The applicant submitted SGLV 8286 on 19 March 2001 declining SGLI coverage.

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AIR FORCE EVALUATION:

HQ AFPC/DPW states the Grand Forks AFB leadership used the base military access channel, base newspaper and the February-March 
2001 pay statements to inform the Grand Forks AFB military community of the change to the SGLI coverage.  All members who wished to elect lower coverage or no coverage, should have submitted a new SGLV 8286 during the month of April 2001, requesting lower coverage or decline coverage, if not, they were automatically enrolled for the $250,000 coverage in accordance with law.  

AFPC/DPW further states the applicant has not provided any documentation indicating she was not aware of the change in the SGLI coverage and that it was her responsibility to make an election to decline the insurance increase.  Furthermore, the Grand Forks leadership took the necessary steps to inform all service members of the increase in coverage.  Also, the applicant had adequate time in April 2001 to submit an election to decline the increased coverage.  DPW recommends the requested relief be denied.  

A complete copy of the Air Force evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states that when she declined the SGLI coverage on 19 March 2001 she was aware of the increase that would be in effect on April 2001.  She asked the military personnel flight (MPF) technician if she would have to come back and decline coverage after April 2001.  The MPF technician informed her that since she was declining coverage so close to the new coverage, it would not be necessary for her reaccomplish the form to decline coverage again.

She did not provide any documentation because the MPF told her she was not allowed to provide any information.  The MPF also told her they would send her request to Randolph AFB and if the Board needed further information they (the Board) would contact her.

She challenges the portion of the advisory which states she was covered for $250,000 and if she had become a fatality her family would have received $250,000.  Had she become a fatality, her records would have been reviewed to see if she declined coverage.  The MPF and her Unit Deployment Manager had copies of the form in which she declined coverage.  Each time she was deployed during this time frame she hand carried her mobility folder, which has a copy of the decline coverage letter.  Therefore, it can only be speculation that if she became a fatality that her family would have been the paid the coverage.

She asks the Board “Why would she decline coverage two weeks prior to the new coverage taking effect, only to have to return 
two weeks later to repeat the process all over again?”  Had she been told she would have to reaccomplish the process to decline coverage again, she just would have waited the two weeks and would have done it all at the same time.  

During her career she learned the value of trust and accountability.  She holds herself accountable for not closely reviewing her monthly leave and earning (LES) statements.  However, when a qualified person from the MPF told her it was not necessary to decline the coverage in April 2001, she did not think she had to double and triple check to ensure the information was incorrect.

The applicant’s complete response is attached at Exhibit D.

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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 injustice warranting relief.  The applicant contends the Military Personnel Flight technician advised her that since she was declining coverage so close to the new coverage, it would not be necessary for her to reaccomplish the declination.  After reviewing the evidence of record, we believe that had the applicant been properly informed she would have taken the necessary action to reaccomplish the paperwork to decline the SGLI coverage.  The applicant has established to our satisfaction that she did not receive proper counseling regarding declining SGLI coverage which resulted in her being charged for SGLI premiums from 1 April 2001 to present.  Therefore, in view of the foregoing, we recommend her 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 she executed an SGLV Form 8286, Servicemembers’ Group Life Insurance (SGLI) Election  Certificate, declining any and all coverage, effective 1 April 2001.

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The following members of the Board considered AFBCMR Docket Number BC-2003-00349 in Executive Session on 25 July 2003, under the provisions of AFI 36‑2603:

	            Panel Chair
	            Member
	            Member

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

   Exhibit A.  DD Form 149, dated 24 Jan 03, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPW, 14 Mar 03.
   Exhibit C.  Letter, SAF/MRBR, dated 28 Mar 03.
   Exhibit D.  Letter, Applicant’s Response, undated.

                                   
                                   Panel Chair 

AFBCMR BC- BC-2003-00349
INDEX CODE:  110.00

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction for 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  XXXXX , to be corrected to show that she executed an SGLV Form 8286, Servicemembers’ Group Life Insurance (SGLI) Election Certificate, declining any and all coverage, effective 1 April 2001.

					
					Director
					Air Force Review Boards Agency