RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-02052
INDEX CODE: 128.14
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reimbursed for overpayment of Servicemember’s Group Life Insurance
(SGLI) premiums he paid for the period of 1 April 2001 through 1 June 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 is 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. Accordingly, there is no need to
recite these facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The Director, Personnel Accountability, AFPC/DPW, reviewed the application
and recommends the Board disapprove the applicant’s request for retroactive
termination of SGLI coverage for the period covering 1 April through 1 May
2001 and approve reimbursement for the period covering 1 June 2001 through
30 June 2001 in the amount of $20.00.
AFPC/DPW states that Aviano Air Base took adequate steps as directed to
inform all members of the increase in coverage and that the applicant had
adequate time during the month of April 2001 to make a new election and
avoid the increased premium. However, because the applicant declined
coverage on 4 May 2001, he should be reimbursed for the 1 – 30 June 2001
SGLI coverage.
A complete copy of the Air Force evaluation is attached at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on 7 September 2001 for review and response.
_________________________________________________________________
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 probable error or injustice. While the applicant was properly
charged with a debt as a result of the passage of Public Law 106-419,
Section 312, effective 1 April 2001, which automatically increased the
level of SGLI coverage, we believe that reimbursement of a portion of the
premiums withheld from his pay is appropriate. In an advisory opinion
prepared for our review, it has been stated that since the applicant
declined SGLI coverage on 4 May 2001, the applicant should be reimbursed
for the period covering 1 June 2001 through 30 June 2001. However, since
the applicant did not decline election until 4 May 2001, and the applicant
has provided no evidence showing that the sources of information concerning
the increased SGLI cited by the Air Force were unavailable to him, it is
our opinion that no basis exists to reimburse the premiums withheld for the
period 1 April 2001 through 31 May 2001. Accordingly, the applicant’s
records should be corrected only to the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that on 4 May 2001, he executed an SGLV
Form 8286, Servicemen’s Group Life Insurance (SGLI) Election Certificate,
declining any and all coverage, effective 1 June 2001.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on , under the provisions of AFI 36-2603:
Mr. Joseph G. Diamond, Panel Chairman
Mr. Jackson Hauslein, Member
Mr. Edward Parker, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 July 2001 w/atchs.
Exhibit B. Letter, AFPC/DPW, dated 29 August 2001.
Exhibit C. Letter, SAF/MIBR, dated 7 September 2001.
JOSEPH G. DIAMOND
Panel Chair
AFBCMR 01-02052
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of 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 be corrected to show that on 4 May 2001, he executed an
SGLV Form 8286, Servicemen’s Group Life Insurance (SGLI) Election
Certificate, declining any and all coverage, effective 1 June 2001.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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