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AF | BCMR | CY2002 | 0103447
Original file (0103447.doc) Auto-classification: Denied

                            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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