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AF | BCMR | CY2002 | 0102344
Original file (0102344.doc) Auto-classification: Denied

+                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-02344
            INDEX NUMBER:  128.10
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reimbursed for the Servicemembers’ Group Life  Insurance  (SGLI)
premiums deducted from his pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was charged $20 per month for four months for an SGLI  policy  that
he wasn’t aware of.  He was on a temporary duty (TDY) from 23 Mar 01 –
11 Jun 01 and had not received a Leave and  Earnings  Statement  (LES)
since mid-March.  He states he declined SGLI over  three  and  a  half
years ago and believes the charges are unjust and should be  refunded.
He states that without signing any papers, he was  paying  on  a  life
insurance policy without a beneficiary.

In support of his appeal, applicant provided a copy of his TDY  orders
and his LESs showing the erroneous charges.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 1 November 2000,  Public  Law  106-419,  Section  312,  enacted  by
President Clinton, raised the amount of coverage under the  SGLI  from
$200,000 to $250,000.  Under this provision, every eligible member was
automatically  covered,  regardless  of  any  prior   election.    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.  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  this
provision (Exhibit B).

_________________________________________________________________




AIR FORCE EVALUATION:

HQ AFPC/DPW reviewed this  application  and  recommended  denial.   In
their view, the evidence provided by the applicant was insufficient to
support his claim.  On 28 September 2001, additional documentation was
requested, but the applicant did not respond.

A complete copy of the evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that he has never elected coverage, so he  could  not
respond to HQ AFPC’s inquiry.  He  contends  that  since  he  did  not
request a policy in writing, yet was charged  $20  a  month  for  four
months for such a policy, he believes he is entitled to $80.

His complete response is at Exhibit D.

_________________________________________________________________

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 error or injustice.  Public Law 106-419, Section 312,
effective 1 April 2001, automatically  increased  the  level  of  SGLI
coverage to $250,000 for all eligible military members, regardless  of
any prior election.  Members who had elected no coverage or less  than
$250,000 coverage prior  to  1 April  2001,  could  avoid  the  higher
premiums provided they completed a new election form  in  April  2001.
After careful consideration of the evidence provided by the applicant,
we are not persuaded that he has  been  the  victim  of  an  error  or
injustice.  Therefore,  we  find  no  compelling  basis  to  recommend
granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered this application  AFBCMR
Docket Number 01-02344 in Executive Session on 24 July 2002, under the
provisions of AFI 36-2603:

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

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Aug 01, w/atchs.
    Exhibit B.  Letter, HQ AFPC/DPW, dated 18 Dec 01, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 4 Jan 02, w/atchs.
    Exhibit D.  Letter, Applicant, dated 22 Jan 02.




                                   JOSEPH G. DIAMOND
                                   Panel Chair

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