RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00193
            INDEX CODE:  128.14


            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reimbursed $140.00  for  Servicemembers’  Group  Life  Insurance
(SGLI) premiums deducted from his  pay  in  April,  May,  June,  July,
August, September and October 2001.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was never informed  that  those  members  who  were  not  currently
enrolled in  the  coverage  would  automatically  have  SGLI  coverage
applied to them without their  consent.   He  states  he  had  private
insurance coverage throughout the time period, as  identified  in  the
attached copies of his Leave and Earning Statements (LESs), supporting
the fact that he did not need/want the coverage.

In support of the appeal, applicant submits a personal  statement  and
copies of his LESs.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant's military records, are contained in the letter prepared  by
the appropriate office of the Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPW states that Section 312 of  Public  Law  106-419,           1
November 2000, automatically increased the level of SGLI coverage  for
all eligible military members from $200,000 to  $250,000  effective  1
April 2001.  Implementing guidance dated   12  March  2001  stipulated
that members eligible for SGLI on      31 March  2001  with  continued
eligibility on 1  April  2001  would  have  their  SGLI  increased  to
$250,000 effective 1 April 2001, regardless  of  any  prior  election.
Members who had elected less than $250,000 coverage prior to  1  April
2001 could avoid any higher premiums provided  they  completed  a  new
SGLV 8286 in April 2001 to retain their previously  elected  coverage.
Applicant did not complete a new SGLV 8286 declining coverage until 30
November 2001.

The Cavalier Air Force Station February-March 2001 pay statements  and
base newspaper were used to inform  the  Cavalier  Air  Force  Station
military community of these changes.  Members who failed to complete a
new SGLV 8286 during the month of April 2001 to elect a  lower  amount
coverage or “no coverage” were automatically covered for  $250,000  in
accordance  with  public  law.   They  recommend  the  Board   approve
applicant’s request for reimbursement of all overcharged  premiums  as
of 1  December  2001  and  disapprove  reimbursement  of  all  charged
premiums from April-30 November 2001.  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 to refuse this  benefit.   In
accordance with public law, applicant was  automatically  covered  for
$250,000 for the period 1 April- 30 April 2001.  Finally,  because  he
did not complete a new SGLV 8286 declining coverage until 30  November
2001, he was also covered at the higher amount for the period 1 May-30
November 2001 and was charged for the increased coverage for 1  April-
30 November 2001.  Had he become  a  fatality  while  on  active  duty
between 1  April-30  November  2001,  the  proceeds  of  the  $250,000
coverage would have been paid IAW 38 U.S.C. 1970.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that it  is  noted  that  notification  of  the  SGLI
reenactment was posted in their base newspaper.  Notification  of  the
SGLI reenactment is nonexistent in their  base  bulletin.   He  agrees
that it is his fault  for  not  checking  his  LES  statements  closer
however, he didn’t have a known reason to check his monthly statements
any closer than normal.  He states that he just recently received  his
February 2002 monthly LES and noticed the SGLI was still  being  taken
out.  He further states that if the period of 1 April–30 November 2001
is disapproved for reimbursement he request that the Board review when
his declination of SGLI coverage actually takes  place  and  reimburse
him for any month he was charged past 30 November 2001.

Applicant's  complete  response,  with  attachments,  is  attached  at
Exhibit E.

_________________________________________________________________



THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was timely filed.

3.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of probable injustice.  We note  the  assertion  in  the
advisory opinion that notification of the changes to the SGLI  program
was posted in the base newspaper.  We are  aware  that  the  place  of
assignment has no base newspaper and, based on information provided by
the  applicant,  it  appears  that  no  notification  of   the   cited
information was included in the base bulletin.  The  applicant  admits
he is partially to blame for not  checking  his  pay  statements  more
closely.  However, in view of the apparent failure on the part of unit
authorities to disseminate information pertaining to  the  changes  in
the SGLI program by every possible  method,  we  believe  this  matter
should be resolved in the applicant’s favor.   Therefore,  we  believe
that his record should be corrected to show he filed a SGLV  8286,  on
1 April 2001 declining coverage.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 1 April  2001,  he
executed an SGLV Form 8286, Servicemen’s Group Life  Insurance  (SGLI)
Election and Certificate, declining any and all coverage, effective  1
April 2001.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 2 July 2002, under the provisions of AFI 36-2603:

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

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 7 Jan 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPW, dated 25 Feb 02.
   Exhibit D.  Letter, MRBR, dated 1 Mar 02.
   Exhibit E.  Applicant's Response, dated 6 Mar 02, w/atchs.




                                   JOSEPH G. DIAMOND
                                   Panel Chair



AFBCMR 02-00193




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 to, be corrected to show that on 1 April 2001, he
executed an SGLV Form 8286, Servicemen’s Group Life Insurance (SGLI)
Election and Certificate, declining any and all coverage, effective 1
April 2001.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency