RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-01572
INDEX NUMBER: 100.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be refunded $40 for the Servicemembers’ Group Life Insurance
(SGLI) premiums deducted for April and May (2001).
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or
unjust and the evidence submitted in support of the appeal are at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant’s military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPS, Customer Assistance, recommended the application be
denied. They state that on 1 November 2000, Public Law 106-419,
Section 312, enacted by President Clinton, raised the amount of
coverage under the SGLI from $200,000 to $250,000. Under this
provision, every eligible member of the Participating Individual Ready
Reserve (PIRR) was automatically covered, regardless of any prior
election. The provision also stated that within the month of April
2001, any PIRR member could elect to withdraw or reduce their coverage
without being charged $20 per month for the maximum coverage of
$250,000.
HQ ARPC advertised this change to the program extensively. An article
was included in the January/February 2001 issue of the ARPC Update and
again in the May/June 2001 issue, which were mailed to all individual
mobilization augmentees (IMAs) at their home address. Their website
had information about the change, along with instructions on what to
do if you wished to change your election or decline coverage. This
was also printed on the February 2001 Leave and Earnings Statement
(LES).
They further state that the applicant indicated that she did not
receive a February 2001 LES. However, Denver Reserve Pay office,
states that all members receive an LES regardless of whether or not
they perform duty during the month. The applicant further states that
she did not receive the ARPC update and that the website “does not say
that the older forms are not valid anymore or that I have to resubmit
a form even though I already had one on file.” Additionally, the
website contains a section specifically addressing the applicant’s
situation, “What if I want to decrease my coverage or I wish to
decline coverage? You will need to reaccomplish a new SGLV Form
8286….”
A complete copy of the evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant stated that contrary to what the Denver Reserve Pay
office states, she has only received an LES for the months that she
worked and got paid. She received an LES at the end of May showing an
SGLI debt balance for April and May, that is when she started calling
about this issue. Additionally, she addresses the issue of the HQ
ARPC website and the issues surrounding her situation (Exhibit E).
_________________________________________________________________
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 probable 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
either 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.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable 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 this application in
Executive Session on 25 October 2001, under the provisions of AFI 36-
2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. Edward H. Parker, Member
Mr. Jackson A. Hauslein, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 May 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ ARPC/DPS, dated 25 Jul 01, w/atchs.
Exhibit D. Letter, AFBCMR, dated 3 Aug 01, w/atchs.
Exhibit E. Letter, Applicant, dated 22 Aug 01.
JOSEPH G. DIAMOND
Panel Chair
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