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AF | BCMR | CY2002 | 0103488
Original file (0103488.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-03488

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be refunded the  Servicemembers’  Group  Life  Insurance  (SGLI)
premiums deducted April through August 2001.

___________________________________________________________________

APPLICANT CONTENDS THAT:

On 6 January 1999, he elected not to receive SGLI insurance and  it
was reinstated without his knowledge on two separate occasions.  In
April 1999, he discovered that he was enrolled and charged for SGLI
coverage, even though he had other insurance coverage with  another
company, and declined SGLI coverage in January 1999.

On 1 September 2001, he noticed again that he had been enrolled  in
the SGLI program without his knowledge or  consent,  and  had  been
charged for it since April 2001.

He  has  tried  to  maintain  his  records  and  has  passed   this
information to his local  finance  and  military  personnel  flight
offices.  It is unreasonable to expect him  to  complete  forms  on
three  separate  times  to  keep  from  getting   this   insurance.
Furthermore, he is at a loss for how  he  can  be  charged  for  an
insurance  policy  that  he  asked  not  to  receive  and  has  not
designated a beneficiary.

In support of his appeal, he provided a personal  letter,  copy  of
his SGLV-8286 form, dated 6 Jan 99, and copies  of  his  Leave  and
Earnings Statement for the period 1 - 31 March 1999,  and  for  the
periods of 1 April – 31 August 2001.

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.

___________________________________________________________________

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 10 January 2002, 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:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 19 April 2002 for review and comment within 30 days.  As of this
date, no response has been received by this office (Exhibit C).

___________________________________________________________________

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.  We took notice of
the applicant's complete submission in judging the  merits  of  the
case; however, we note that he  has  not  responded  to  AFPC/DPW’s
request for additional information in order that his request  could
be processed.  In view of this lack of information, we  agree  with
the opinion and recommendation of the Air Force office  of  primary
responsibility and adopt their  rationale  as  the  basis  for  our
conclusion that the applicant has not been the victim of  an  error
or injustice.   Therefore,  in  the  absence  of  evidence  to  the
contrary, 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 01-03488 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 6 Sep 01, w/atchs.
    Exhibit B.  Letter, HQ AFPC/DPW, dated 10 Apr 02, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 19 Apr 02, w/atchs.




                                   JOSEPH G. DIAMOND
                                   Panel Chair

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