RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-03441
		INDEX NUMBER: 128.10

		COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be reimbursed for the Servicemembers’ Group Life Insurance (SGLI) and Family Servicemembers’ Group Life Insurance (FSGLI) premiums deducted from his pay.

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APPLICANT CONTENDS THAT:

He did not intend to work any Inactive Duty Training (IDT) or Reserve days prior to his 1 August 2003 retirement.

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

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STATEMENT OF FACTS:

The applicant contracted his last enlistment with the Air Force on 25 November 1998 for a period of 6 years.
 
Effective 1 April 2001, Public Law 106-419 automatically increased the level of SGLI coverage to $250,000 for all military members, regardless of any prior election.  During the month of April 2001, any member could elect to withdraw or reduce their coverage.

On 5 June 2001, Public Law 107-14 established the FSGLI program that was implemented on 1 November 2001, making it possible for servicemembers to provide up to $100,000 coverage for their spouse and $10,000 coverage for their dependent children through the Office of Servicemembers’ Group Life Insurance.  The coverage, by law, was automatic unless the member declined the coverage.

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AIR FORCE EVALUATION:

ARPC/DPS recommends the application be denied, and states, in part, that there is no record of the applicant declining coverage at any time.

The ARPC/DPS evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 5 December 2003 for review and response within 30 days.  However, as of this date, this office has received no response.

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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.  Public Law 106-419, Section 312, effective 1 April 2001, automatically increased the level of SGLI coverage to $250,000 for all eligible military members, regardless of any prior election.  Members who had elected no coverage or less than $250,000 coverage prior to 1 April 2001, could avoid the higher premiums provided they completed a new election form in April 2001.  No evidence has been submitted showing that the applicant declined SGLI coverage during the month of April 2001.  In addition, Public Law 107-14 established the FSGLI program that was implemented on 1 November 2001, making it possible for servicemembers to provide up to $100,000 coverage for their spouse and $10,000 coverage for their dependent children through the Office of Servicemembers’ Group Life Insurance.  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.  Members who did not desire coverage had to complete an election declining coverage during the month of November 2001.  No evidence has been submitted showing that the applicant declined FSGLI coverage during the month of November 2001.  The Air Force aggressively campaigned to make members aware of the change to the SGLI program and the newly established FSGLI program, and the applicant has not provided any documentation to indicate that he was not aware of the changes and his responsibility to make an election decision.  Therefore, we find no 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 Docket Number BC-2003-03441 in Executive Session on 20 April 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   	Exhibit A.  DD Form 149, dated 6 Oct 03.
  	Exhibit B.  Letter, ARPC/DPS, dated 1 Dec 03.
  	Exhibit C.  Letter, SAF/MRBR, dated 5 Dec 03.