RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00860
		INDEX CODE:  

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

He be refunded the Servicemembers’ Group Life Insurance (SGLI) premiums deducted from August 2000 through March 2003.

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APPLICANT CONTENDS THAT:

SGLI premiums for the $250,000 coverage have been taken out since August 2000 until March 2003, while his records reflect $100,000 coverage since August 2000.

In support of his appeal, applicant submitted an SGLI printout, his Leave and Earnings Statement for 31 January 2003, and his Form SGLV-8286, SGLI Insurance Election and Certificate, dated 7 August 2000.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The SGLV-8286, Servicemembers’ Group Life Insurance Election and Certificate, provided by the applicant, reflects that on 7 August 2002, he elected SGLI coverage in the amount of $100,000.  

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AIR FORCE EVALUATION:

HQ AFPC/DPW reviewed this application and recommended denial.  They state that on 1 November 2000, Public Law 106-419, Section 312, raised the amount of coverage under the SGLI from $200,000 to $250,000.  Under this provision, every eligible member was automatically covered, regardless of any prior election.  The provision also stated that within the month of April 2001, any eligible member could elect to withdraw or reduce their coverage without being charged $20 per month for the maximum coverage of $250,000, provided they completed a new SGLV 8286 in April 2001 to retain their previously elected coverage.  Applicant did not complete a new SGLV-8286.

They further state that applicant’s Air Force base informed the base community of these changes through their pay statements and base newspapers.  Members who failed to complete a new SGLV 8286 during the month of April 01 to elect a lower amount of coverage or “no coverage” were automatically covered for $250,000 in accordance with public law.

It is their opinion that the applicant’s Air Force base leadership took adequate steps to inform all members of the increase in coverage and that the applicant had adequate time during the month of April 01 to make a new election and avoid the increased premiums.  Additionally, the applicant did not provide any documentation to indicate that he was not aware of this change and his responsibility to make a new election or refuse this benefit.  

Applicant was automatically covered for $250,000 for the period 1 - 30 April 2001, in accordance with public law.  Finally, because the applicant did not complete a new SGLV 8286, he continues to be covered at the higher amount for the period 1 May 2001 through 31 March 2003 and was charged for the increased coverage for 1 April 2001 to 31 March 2003.  Had the applicant become a fatality while on active duty between 1 April 2001 and 31 March 2003, the proceeds of the $250,000 coverage would have been paid IAW 38 USC 1970.

The portion of applicant’s request for a refund of overpayments during the period from 1 Aug 2000 through 31 Dec 2000 has been administratively resolved through DFAS-DE and does not require any BCMR action.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 11 April 2003 for review and comment within 30 days.  As of this date, no response has been received by this office (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.  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 AFBCMR Docket Number BC-2003-00860 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 5 Mar 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPW, dated 8 Apr 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Apr 03.

                                   
                                   Panel Chair