RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-03447
INDEX CODE: 128.14
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reimbursed for overpayment of his Servicemember’s Group Life
Insurance (SGLI) premiums he paid for the period 1 April 2001 through 1
August 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 are contained in the
letter prepared by the appropriate office of the Air Force at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPW recommended the application be denied due to lack of sufficient
evidence to support the claim. DPW indicated that, by letter dated 3
January 2002, they requested that the applicant provide additional
documentation, i.e., his leave and earnings statements along with a copy of
his current SGLI election certificate. The applicant did not respond to
DPW’s request for information.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
On 22 March 2000, a copy of the Air Force evaluation was forwarded to the
applicant for review and comment. The applicant responded by providing
copies of the documents requested by DPW in their 3 January 2000 letter.
The applicant’s complete submission is at Exhibit D.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
Pursuant to the Board’s request, AFPC/DPW reviewed the applicant’s latest
submission and recommends denial. DPW states that the applicant submitted
copies of his LES statements for the period April - October 2001 and that
these documents indicate he was correctly charged for the months of April -
October 2001 and that premiums stopped being deducted as of September 2001.
In addition, DPW states that Hanscom AFB 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.
The DPW evaluation is attached at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
On 21 June 2002, a copy of the additional Air Force evaluation was
forwarded to the applicant for review and response (Exhibit F). As of this
date, this office has received no 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. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. 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. In an advisory opinion prepared for our review, it has been
stated that since the applicant did not decline election until 31 August
2001, and he 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 August 2001.
Therefore, we find no 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 in Executive
Session on 24 July 2002, under the provisions of AFI 36-2603:
Mr. Joseph G. Diamond, Panel Chairman
Mr. Jackson Hauslein, Member
Mr. Edward Parker, Member
The following documentary evidence was considered for AFBCMR Docket Number
01-03549:
Exhibit A. DD Form 149, dated 30 November 2001.
Exhibit B. Letter, AFPC/DPW, dated 11 January 2002, with
attachment.
Exhibit C. Letter, AFBCMR, dated 22 March 2002.
Exhibit D. Applicant’s submission, undated.
Exhibit E. Letter, AFPC/DPW, dtd Letter, SAF/MRBR, dated
19 April 2002.
Exhibit F. Letter, AFBCMR, dated 21 June 2002.
JOSEPH G. DIAMOND
Panel Chair
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