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AF | BCMR | CY2002 | 0102059A
Original file (0102059A.doc) Auto-classification: Approved

                                 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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