RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00486
		INDEX CODE:  128.14

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be reimbursed for the amount of Servicemembers’ Group Life Insurance (SGLI) deducted from his pay.

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APPLICANT CONTENDS THAT:

He is in a Reserve Category E status (non-pay), and as such, was not receiving Leave and Earning Statements (LES).  When he started receiving the statements last July 2002, he noticed the $140.00 bill he accumulated because of the new SGLI program.  He indicates that he did not know of the program and has been trying to stop it from accumulating since he discovered the error.

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

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STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in the grade of major.

On 5 June 2001, the President signed into law approving Public Law 107-14, Survivor Benefits Improvement Act of 2001.  Within the context of the law, the expanded SGLI program was established to provide spouse and/or children coverage in the event of their death.  The coverage, by law, was automatic for all members of the Armed Forces who had a spouse and/or children, unless the member declined coverage prior to 31 December 2001.

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AIR FORCE EVALUATION:

ARPC/DPS recommended denial.  They indicated that the applicant claims he was not notified of the automatic coverage, nor did he give any approval for deductions.  The applicant was sent a letter concerning the new law, during the month of August 2001, to his mailing address.  The letter contained detailed instructions on the new policy.  The applicant’s prior approval was not necessary to be enrolled in the program.  According to the Defense Manpower Data Center, the applicant terminated his SGLI and FSGLI on 31 October 2002.  The applicant owes $240.00 for coverage from 1 November 2001 to 31 October 2002.

The evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 March 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 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.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or an 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 and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The applicant had adequate time between 1 November and 31 December 2001 to make an election decision.  He did not provide any documentation to indicate that he was not aware of this change.  In accordance with public law, the applicant’s spouse was insured for $100,000 for the period 1 November 2001 - 31 October 2002.  Had the applicant’s spouse become a fatality during this period, the proceeds of the $100,000 coverage would have been paid to her IAW the new law.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an error or an 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 AFBCMR Docket Number BC-2003-00486 in Executive Session on 25 July 2003, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 3 February 2003, w/atchs.
   Exhibit B.  Letter, AFPC/DPS, dated 28 February 2003, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 7 March 2003.

				
				Panel Chair