RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01462
INDEX CODE: 128.14
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be reimbursed for the amount of Servicemembers’ Group Life Insurance
(SGLI) deducted from her pay beginning in April 2001.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Long standing documentation indicates her initiated desire to have
decreased coverage. Increasing her coverage to the highest possible level
without her consent is speculative. In October 1996, she decreased her
SGLI from $100,000 in coverage to $50,000 and there it has remained. She
desires her SGLI coverage to remain at $50,000, and request reimbursement
for the undesired additional coverage.
In support of her appeal, the applicant provided a Form SGLV 8286,
Servicemembers’ Group Life Insurance Election and Certificate, dated 4
February 2002, DFAS Forms 702, Defense Finance and Accounting Service
Military Leave and Earnings Statements, and other documentation.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Section 312 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.
On 4 February 2002, the applicant completed a new SGLV 8286 declining
coverage
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPW recommended denial. They indicated that the Aviano Base military
access channel, base newspaper, February through March 2001 pay statements
and briefings at wing stand-up were used to inform the Aviano Air Base
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 of
coverage or “no coverage” were automatically covered for $250,000 in
accordance with public law.
It is their opinion that the Aviano AB leadership 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. Additionally, the applicant did
not provide any documentation to indicate that she was not aware of this
change and her responsibility to make a new election or to refuse this
benefit. In accordance with public law, the applicant was automatically
covered for $250,000 for the period 1-30 April 2001. Finally, because the
applicant did not complete a new SGLV 8286 declining coverage until 4
February 2002, she was also covered at the higher amount and was charged
for the increased coverage for the period 1 April 2001 through 28 February
2002. Had the applicant become a fatality while on active duty between 1
April 2001 through 28 February 2002, the proceeds of the $250,000 coverage
would have been paid IAW 38 U.S.C. 1970.
The evaluation 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. Insufficient relevant evidence has been presented to demonstrate the
existence of an error or an 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 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 an error or an 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 AFBCMR Docket Number 02-01462
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 March 2002, w/atchs.
Exhibit B. Letter, AFPC/DPW, dated 3 June 2002.
Exhibit C. Letter, SAF/MRBR, dated 7 June 2002.
JOSEPH G. DIAMOND
Panel Chair
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPW indicated that Section 312 of Public Law 106-419, 1 Nov 00, automatically increased the level of SGLI coverage for all eligible military members from $200,000 to $250,000 effective 1 Apr 01. Members who failed to complete a new SGLV 8286 during the month of Apr 01 to elect a lower amount of coverage or “no coverage” were automatically covered for $250,000 in accordance with public law. It is...
AF | BCMR | CY2002 | BC-2001-03442
_________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 17 April 2002, the applicant provided additional information, with attachments, to support her appeal. Applicant’s complete submission is at Exhibit D. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: HQ AFPC/DPW stated that the applicant was erroneously charged for SGLI for the period of 20 Feb 98 to 31 Mar 01. In their opinion,...
Therefore, they recommend the Board approve applicant’s request and authorize reimbursement of all overcharged premiums effective 1 July 2001 and disapprove reimbursement of all charged premiums from 1 April 2001 through 30 June 2001. A copy of the Air Force evaluation is at Exhibit G. _________________________________________________________________ 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...
Applicant did not complete a new SGLV 8286 declining coverage until 30 November 2001. 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. He further states that if the period of 1 April–30 November 2001 is disapproved for reimbursement he request that the Board...
AF | BCMR | CY2003 | BC-2002-02700A
The applicant's request to be reimbursed for his SGLI premiums was considered and denied by the Board on 15 April 2003. Lackland AFB notified its servicemembers of the pending change to SGLI coverage by using the base bulletins, newspapers, and the April 2001 pay statements. It would appear that he was notified of the SGLI increase and we find no evidence to support his miscounseling contention.
AF | BCMR | CY2002 | BC-2002-02563
Members who had elected no coverage or less than $250,000 coverage prior to 1 April 2001, could avoid the higher premiums provided they completed a new election form in April 2001. No evidence has been submitted showing that the applicant declined coverage during the month of April 2001. We therefore 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 no basis exists to reimburse the...
AF | BCMR | CY2003 | BC-2003-00860
___________________________________________________________________ APPLICANT CONTENDS THAT: SGLI premiums for the $250,000 coverage have been taken out since August 2000 until March 2003, while his records reflect $100,000 coverage since August 2000. It is their opinion that the applicant’s Air Force base leadership took adequate steps to inform all members of the increase in coverage and that the applicant had adequate time during the month of April 01 to make a new election and avoid the...
AF | BCMR | CY2003 | BC-2003-00349
A complete copy of the Air Force evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the Air Force evaluation and states that when she declined the SGLI coverage on 19 March 2001 she was aware of the increase that would be in effect on April 2001. The MPF technician informed her that since she was declining coverage so close to the new coverage, it would not be...
AF | BCMR | CY2002 | BC-2002-01908
Effective 1 April 2001, Public Law 106-419, automatically increased the level of SGLI coverage to $250,000 for all military members, until the members could elect reduced coverage or no coverage, regardless of any prior election. The AFPC/DPW evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states, in part, that Kirtland AFB leadership did not advise that if you had...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-02052 INDEX CODE: 128.14 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be reimbursed for overpayment of Servicemember’s Group Life Insurance (SGLI) premiums he paid for the period of 1 April 2001 through 1 June 2001. _________________________________________________________________ AIR FORCE...