RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01184
            INDEX CODE:  128.14

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His record  be  changed  to  show  he  outprocessed  the  910th  Maintenance
Squadron (910 MS), Youngstown, OH, on 1 December 1999, and to  grant  relief
of an  accrued  Servicemembers’  Group  Life  Insurance  (SGLI)  and  Family
Servicemembers’ Group Life Insurance (FSGLI) debt of $715.00.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He understood that  the  SGLI  was  only  active  by  participating  in  the
Reserves.  He was also anticipating a medical waiver.

In support of his appeal, the applicant provided a DFAS  Form  702,  Defense
Finance and Accounting Service Military Leave and Earnings Statement.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Title 38 U.S.C., Section  1965(5)(B)  and  Section  1967(a)  states  that  a
member who is assigned to a participating position  shall  be  automatically
insured under SGLI for  an  automatic  coverage  for  $250,000,  unless  the
member reduces or declines coverage.  Member’s Leave and Earnings  Statement
(LES) shows his coverage was for $250,000 and he was being charged  for  the
coverage.  There is no declination statement in the member’s record.

On 5 June 2001, President Bush passed Public Law 107-14,  Survivor  Benefits
Improvement Act of 2001.  Within  the  context  of  the  law,  the  Expanded
Servicemembers’ Group Life Insurance  program  was  established  to  provide
spouse and/or children coverage in the event of their death.  The  coverage,
by law, is automatic for all members of the Armed Forces who have  a  spouse
and/or children where the member is enrolled  in  SGLI,  unless  the  member
declines coverage prior to 31 December 2001 without being charged  premiums.
 Again, the member’s record shows no declination statement.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPS recommended denial.  However, the applicant’s  pay  records  should
be corrected to show he only  owes  charges  for  the  months  January  2000
through January 2002.  Corrected amounts should  be  $440.00  for  SGLI  and
$165.00 for FSGLI.

They indicated that Title 38 U.S.C., Section 1965(5)(B) and Section  1967(a)
states that a member who is assigned to a participating  position  shall  be
automatically insured under SGLI for an  automatic  coverage  for  $250,000,
unless the member reduces or declines coverage.  The applicant’s  Leave  and
Earnings Statement (LES) shows his coverage was  for  $250,000  and  he  was
being charged for the coverage.  There is no declination  statement  in  the
member’s record.

There is no written evidence the applicant outprocessed  the  910  MS  until
3 January 2002.  If  the  decision  is  to  grant  the  relief  sought,  the
applicant’s record should be corrected to show he outprocessed the 910 MS  1
December 1999 and correct his pay records to remove any SGLI or FSGLI debt.

The evaluation, with attachment, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 June 2002, a copy of the Air Force  evaluation  was  forwarded  to  the
applicant for review and response within  thirty  (30)  days.   As  of  this
date, no response has been received by this office.

_________________________________________________________________

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 an error  or  an  injustice  warranting  partial  relief.   The
applicant contends that he understood that  the  SGLI  was  only  active  by
participating in the Reserves.  He states that he was  discharged  from  the
910 MS in August 1999.  However, it is the Board’s  opinion,  as  stated  in
the  Air  Force  evaluation,  that  the  only  documentation  releasing  the
applicant  from  his  participating  position  with  the  910  MS,   was   a
reassignment order, which shows him leaving the unit with an effective  date
of 3 January 2002.  We note he did not complete a new  SGLV  8286  declining
coverage;  therefore,  he  was  automatically  covered  for  $250,000.   The
applicant has not established to our satisfaction that  he  was  unaware  of
his responsibility to complete the appropriate forms  to  decline  coverage.
However, in view of the applicant’s reassignment order dated 3 January  2002
and as stated by the  Air  Force  the  applicant’s  pay  records  should  be
corrected to show he only owes charges for the months January  2000  through
January 2002.  In view  of  the  foregoing,  we  recommend  his  records  be
corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that:

a.  For the period January 2000 through January 2002 coverage was in  effect
for the Servicemembers’ Group Life Insurance under the provisions  of  Title
38 U.S.C., Section 1965(5)(B) and Section 1967(a).

b.  For the period November  2001  through  January  2002  coverage  was  in
effect for  the  Family  Servicemembers’  Group  Life  Insurance  under  the
provisions of Public Law 107-14.

c. On 31 December 2001, he  executed  an  SGLV  Form  8286,  Servicemembers’
Group Life Insurance (SGLI) Election Certificate  and  a  SGLV  Form  8286A,
Family Servicemembers’ Group Life Insurance (FSGLI), declining any  and  all
coverage, effective 1 February 2002.

_________________________________________________________________









The following members of the Board considered AFBCMR Docket Number  02-01184
in Executive Session on 24 July 2002, under the provisions of AFI 36-2603:

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

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

   Exhibit A.  DD Form 149, dated 3 April 2002, w/atchs.
   Exhibit B.  Letter, HQ ARPC/DPS, dated 31 May 2002, w/atch.
   Exhibit C.  Letter, SAF/MRBR, dated 7 June 2002.




                 JOSEPH G. DIAMOND
                 Panel Chair

1`

AFBCMR 02-01184





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:

                 a.  For the period January 2000 through January 2002
coverage was in effect for the Servicemembers’ Group Life Insurance under
the provisions of Title 38 U.S.C., Section 1965(5)(B) and Section 1967(a).

                 b.  For the period November 2001 through January 2002
coverage was in effect for the Family Servicemembers’ Group Life Insurance
under the provisions of Public Law 107-14.

                 c. On 31 December 2001, he executed an SGLV Form 8286,
Servicemembers’ Group Life Insurance (SGLI) Election Certificate and a SGLV
Form 8286A, Family Servicemembers’ Group Life Insurance (FSGLI), declining
any and all coverage, effective 1 February 2002.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency