ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-02059
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reimbursed for Servicemembers’ Group Life Insurance (SGLI) premiums,
which were deducted from his pay beginning in April 2001.
_________________________________________________________________
STATEMENT OF FACTS:
On 20 December 2001, the Board considered and denied a similar appeal.
(Exhibit E).
In support of his request for reconsideration, applicant provided a letter
of explanation (his 29 August 2001 response to AFPC/DPW’s inquiry of 17
August 2001) and copies of his Leave and Earnings Statements (LES) from
February through July 2001 (Exhibit F).
_________________________________________________________________
AIR FORCE EVALUATION:
Pursuant to the Board’s request, HQ AFPC/DPW reviewed the applicant’s most
recent submission and recommended partial relief. They state that on 1
November 2000, Public Law 106-419, Section 312, automatically increased the
level of SGLI coverage for all eligible military members, regardless of any
prior election and raised the amount of coverage under the SGLI from
$200,000 to $250,000. The provision also stated that within the month of
April 2001, any eligible member could elect to withdraw or reduce their
coverage without being charged $20 per month for the maximum coverage of
$250,000.
They further state that applicant’s Air Force base informed the base
community of these changes through their pay statements and base
newspapers. Members who failed to complete a new SGLV 8286 during the
month of April 01 to elect a lower amount of coverage or “no coverage” were
automatically covered for $250,000 in accordance with public law.
It is their opinion that the applicant had adequate time during the month
of April 01 to make a new election and avoid the increased premiums.
Additionally, the applicant did not provide any documentation to indicate
that he was not aware of this change and his responsibility to make a new
election or refuse this benefit.
Applicant’s records reflect that he completed a new SGLV 8286 declining
coverage on 28 June 2001. Therefore, they recommend the Board approve
applicant’s request and authorize reimbursement of all overcharged premiums
effective 1 July 2001 and disapprove reimbursement of all charged premiums
from 1 April 2001 through 30 June 2001.
A copy of the Air Force evaluation is at Exhibit G.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 5
April 2002 for review and comment within 30 days. As of this date, no
response has been received by this office (Exhibit H).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After again reviewing this application and the evidence provided in support
of the appeal, the Board determined that sufficient relevant evidence has
been presented warranting partial reimbursement for premiums deducted from
applicant’s pay for SGLI coverage. The implementing guidance stipulated
that members eligible for SGLI on 31 Mar 01 with continued eligibility on
1 Apr 01 would, by law, automatically 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. We note that the base newspaper and Feb-Mar 01
pay statements were used to inform the RAF Lakenheath military community of
these changes and it was the applicant’s responsibility to make a new
election or to refuse this benefit. The applicant did not execute a new
election certificate declining coverage until 28 June 2001; therefore, he
was automatically covered for $250,000 for the period 1 April through 30
June 01. Based on this, we find no basis to favorably consider his request
for reimbursement of the SGLI premiums deducted for coverage during this
period. However, we agree with AFPC/DPW that he should be reimbursed for
overcharged premiums deducted as of 1 July 2001. Accordingly, we recommend
that the records be corrected 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 28 June 2001, he executed an
SGLV Form 8286, Servicemembers’ Group Life Insurance Election and
Certificate, declining any and all coverage, effective 1 July 2001.
_________________________________________________________________
The following members of the Board considered this application AFBCMR
Docket Number 01-02059 in Executive Session on 2 July 2002, under the
provisions of AFI 36-2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. Edward H. Parker, Member
Mr. Jackson Hauslein, Member
The following documentary evidence was considered:
Exhibit E. Record of Proceedings, dated 3 Jan 02,
with Exhibits.
Exhibit F. Applicant’s Letter, dated 10 Jan 02, w/atchs.
Exhibit G. Letter, HQ AFPC/DPW, dated 19 Mar 02, w/atchs.
Exhibit H. Letter, SAF/MRBR, dated 5 Apr 02, w/atchs.
JOSEPH G. DIAMOND
Panel Chair
AFBCMR 01-02059
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 APPLICANT be corrected to show that on 28 June 2001,
he executed an SGLV Form 8286, Servicemembers’ Group Life Insurance
Election and Certificate, declining any and all coverage, effective
1 July 2001.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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