RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00351
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be refunded the Servicemembers’ Group Life Insurance (SGLI)
premiums deducted July thru September 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 are 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 at Exhibit B.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPS, Customer Assistance, recommended the application be
denied. They state that 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 of the Participating Individual
Ready Reserve (PIRR) was automatically covered, regardless of any
prior election. The provision also stated that within the month of
April 2001, any PIRR member could elect to withdraw or reduce their
coverage without being charged $20 per month for the maximum
coverage of $250,000.
HQ ARPC advertised this change to the program extensively. An
article was included in the January/February 2001 issue of the ARPC
Update and again in the May/June 2001 issue, which were mailed to
all individual mobilization augmentees (IMAs) at their home
address. Their website had information about the change, along
with instructions on what to do if you wished to change your
election or decline coverage. This was also printed on the
February 2001 Leave and Earnings Statement (LES). In addition,
information was posted on the “Above and Beyond” ARPC website.
They further state that the applicant indicated that he did not ask
for the insurance, and they just started taking out of his pay.
However, the coverage was automatic and was extensively advertised.
Applicant did not cancel his coverage until 2 September 2001, so
he was charged for coverage from April – September 2001.
A complete copy of the evaluation, with attachments, is at
Exhibit B.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 5 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 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 02-00351 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 29 Jan 02, w/atchs.
Exhibit B. Letter, HQ ARPC/DPS, dated 15 Mar 02, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 5 Apr 02, w/atchs.
JOSEPH G. DIAMOND
Panel Chair
The provision also stated that within the month of April 2001, any PIRR member could elect to withdraw or reduce their coverage without being charged $20 per month for the maximum coverage of $250,000. The applicant further states that she did not receive the ARPC update and that the website “does not say that the older forms are not valid anymore or that I have to resubmit a form even though I already had one on file.” Additionally, the website contains a section specifically addressing...
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