RECORD OF PROCEEDINGS
          AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS




 IN THE MATTER OF:     DOCKET NUMBER:  01-02154
            INDEX CODE:  128.14


            COUNSEL:  NONE


            HEARING DESIRED:  NO




 _________________________________________________________________


 APPLICANT REQUESTS THAT:


 He be reimbursed for the premiums deducted from  his  pay  in  Apr,
 May, Jun and  Jul  01  for  Servicemembers’  Group  Life  Insurance
 (SGLI).


 _________________________________________________________________


 APPLICANT CONTENDS THAT:


 There was inadequate and inaccurate  notice  of  the  pending  SGLI
 increase.  He did not authorize changing his SGLI election from “no
 coverage” to $250,000.  He never signed a contract stating that  he
 wanted SGLI coverage.   As  such,  he  completely  disregarded  the
 notice  on  the  bottom  of  his  Feb/Mar/Apr  Leave  and  Earnings
 Statement  (LES)  which  read:   “Effective   Apr 1,   2001,   SGLI
 automatically increases to $250,000.  Contact your personnel office
 for more information.”  To him, and he would hope  to  anyone  else
 with command of the English language, “increases”  means  something
 very different than “enroll.”


 After noticing SGLI was deducted from his Apr LES, he went  to  the
 Personnel Office at Aviano AB, Italy, on 16 May 01 to see what  was
 going on.  At that time, the staff made him sign an  SGLV  8286  to
 decline  SGLI  (he  can  be  automatically  enrolled  into  a  life
 insurance contract but needs  a  signature  to  cancel  it).   Soon
 thereafter, he left temporary duty (TDY)  returning  on  20 Jul  01
 only to find that SGLI was still being deducted from his  paycheck.
 He was informed that in order to get his money back, he would  have
 to compile, complete and mail several forms  (LES,  SGLV  8286,  DD
 Form 149) for the Board’s review.  He expects to  be  refunded  $80
 ($20 a month for the months of Apr, May, Jun, and Jul) on  his  Sep
 LES.


 Applicant’s complete submission is attached 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.


 _________________________________________________________________


 AIR FORCE EVALUATION:


 AFPC/DPW indicated that Section 312 of Public  Law  106-419,  1 Nov
 00, automatically increased the level  of  SGLI  coverage  for  all
 eligible military members from $200,000 to $250,000 effective 1 Apr
 01.   Implementing  guidance,  dated  12 Mar  01,  stipulated  that
 members eligible for SGLI on 31 Mar 01 with  continued  eligibility
 on 1 Apr 01 would have their SGLI increased to  $250,000  effective
 1 Apr 01, regardless  of  any  prior  election.   Members  who  had
 elected less than $250,000 coverage prior to 1 Apr 01  could  avoid
 any higher premiums provided they completed a new SGLV 8286 in  Apr
 01 to retain their previously elected coverage.  The applicant  did
 not complete a new SGLV 8286 declining coverage  until  16 May  01.
 DPW’s office spoke with a staff sergeant, 31st CPTS/FMFC,  and  was
 told that the applicant was reimbursed $20 for the month of Jul  01
 and was not reimbursed for Jun 01.


 DPW states  that  the  Aviano  AB  military  access  channel,  base
 newspaper, and Feb-Mar 01 pay statements, were used to  inform  the
 Aviano AB military community of these changes.  Members who  failed
 to complete a new SGLV 8286 during the month of Apr 01 to  elect  a
 lower amount  of  coverage  or  “no  coverage”  were  automatically
 covered for $250,000 in accordance with public law.


 DPW recommends the Board disapprove  the  applicant’s  request  for
 retroactive termination of SGLI coverage for  the  period  covering
 Apr 01 through May 01 and  approve  reimbursement  for  the  period
 covering 1 Jun through 30 Jun 01 in the amount of $20.  It is their
 opinion that the  Aviano  AB  leadership  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 Apr 01 to  make
 a new election and avoid the increased premium.   Additionally,  he
 did not provide any documentation to indicate that he was not aware
 of this change and his responsibility to make a new election or  to
 refuse this benefit.  In accordance with public law, the  applicant
 was automatically covered for $250,000 for the period 1-30 Apr  01.
 Finally, because he did not complete  a  new  SGLV  8286  declining
 coverage until 16 May 01, he was also covered at the higher  amount
 for the period 1 May - 31 May 01 and was charged for the  increased
 coverage for 1 Apr - 31 May 01.  Had he become a fatality while  on
 active duty between 1 Apr - 31 May 01, the proceeds of the $250,000
 coverage would have been paid  in  accordance  with  Section  1970,
 Title 38, United States Code (USC).


 A complete  copy  of  the  Air  Force  evaluation  is  attached  at
 Exhibit B.


 _________________________________________________________________


 APPLICANT'S REVIEW OF AIR FORCE EVALUATION:


 A copy of the Air Force evaluation was forwarded  to  applicant  on
 14 Sep 01 for review and response within 30 days.  As of this date,
 no response has been received by this office.


 _________________________________________________________________


 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 warranting reimbursement
 for premiums deducted from applicant’s pay in Apr and May  for  SGLI.
 It  appears  that  implementing  guidance  stipulated  that   members
 eligible for SGLI on 31 Mar 01 with continued eligibility on 1 Apr 01
 would have their  SGLI  increased  to  $250,000  effective  1 Apr  01
 regardless of any prior election.  We have  thoroughly  reviewed  the
 circumstances surrounding the applicant’s appeal and find no evidence
 that he was not aware of the change to Public Law  106-419  regarding
 SGLI coverage.  While he indicated that he disregarded the notice  on
 the bottom of his LES, we note that the military access channel, base
 newspaper, and Feb-Mar 01 pay statements  were  used  to  inform  the
 Aviano Air Base military community of these changes and  it  was  the
 applicant’s responsibility to make a new election or to  refuse  this
 benefit.  In view of the foregoing, we find  no  basis  to  recommend
 applicant’s request that he be reimbursed for premiums deducted  from
 his pay in Apr and May be favorably considered.  We note that he  was
 automatically covered for $250,000 for the period 1 - 30 Apr  01  and
 1 May - 31 May 01 because  he  did  not  complete  a  new  SGLV  8286
 declining coverage until  16 May  01.   We  also  note  that  he  was
 reimbursed $20 for the month of Jul 01.


 4.   Notwithstanding the above, in their advisory  opinion  of  7 Sep
 01, AFPC/DPW recommends that the  applicant  be  reimbursed  for  the
 period covering 1 Jun through 30 Jun 01 in the  amount  of  $20.   We
 agree with their recommendation.  Therefore, we recommend applicant’s
 records be corrected as 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 he be reimbursed for
 the period covering 1 Jun through 30 Jun 01 in the amount of $20  for
 SGLI coverage.


 _________________________________________________________________


 The following members of the Board  considered  this  application  in
 Executive Session on 20 December 2001, under the provisions of AFI 36-
 2603:


                  Mr. Joseph G. Diamond, Panel Chair
                  Mr. Jackson A. Hauslein, Member
                  Mr. Edward H. Parker, Member


 All members voted  to  correct  the  records,  as  recommended.   The
 following documentary evidence was considered:


      Exhibit A.  DD Form 149, dated 23 Jul 01, w/atchs.
      Exhibit B.  Letter, AFPC/DPW, dated 7 Sep 01.
      Exhibit C.  Letter, AFBCMR, dated 14 Sep 01.








                                    JOSEPH G. DIAMOND
                                    Panel Chair


 AFBCMR 01-02154








 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 he  be  reimbursed  for
 the period covering 1 June through 30 June 2001 in the amount of  $20
 for Servicemembers’ Group Life Insurance (SGLI) coverage.














                                                            JOE     G.
 LINEBERGER
                                                         Director
                                                           Air   Force
 Review Boards Agency