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AF | BCMR | CY2001 | 0102052
Original file (0102052.doc) Auto-classification: Approved

                            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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