RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-03442
INDEX NUMBER: 100.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be reimbursed for the Servicemembers’ Group Life Insurance (SGLI)
premiums deducted each month since 20 February 1998.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She has cancelled SGLI twice and made other attempts through Eglin
AFB, Bolling AFB and the Pentagon to cancel coverage and be
reimbursed.
In support of the her appeal, applicant provided copies of
Servicemembers’ Group Life Insurance Election and Certificates (SGLV-
8286), dated 20 Feb 98 and 11 Aug 98.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 November 2000, Public Law 106-419, Section 312, 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 her claim. On 3 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:
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. On 17 Jul 02, HQ AFPC/DPWCS
directed the Defense Finance and Accounting Service (DFAS) reimburse
all premiums paid between 20 Feb 98 and 31 March 01. On 23 July 02,
DFAS confirmed that applicant would be reimbursed for premiums charged
for this period in the July 02 end of month pay.
HQ AFPC/DPW recommended denial of the applicant’s request for
retroactive termination of SGLI coverage for the period 1 April 01
through 24 July 2002.
On 1 November 2000, Public Law 106-419 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.
The Pentagon community was informed of these changes through their pay
statements and newspapers. 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 public law.
In their opinion, the applicant had adequate time during the month of
April 01 to make a new election and avoid the increased premiums.
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 refuse this benefit.
Applicant’s records reflect that she completed a new SGLV 8286
declining coverage on 25 July 2002, therefore, she was covered at the
higher amount for the period 1 May 01 – 24 Jul 02.
A complete copy of the evaluation, with attachments, is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
A copy of the additional Air Force evaluation was forwarded to the
applicant on 9 August 2002 for review and comment within 30 days
(Exhibit F). 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 error or injustice. The implementing guidance
stipulated that members eligible for SGLI on 31 Mar 01 with continued
eligibility on 1 Apr 01 would, by law, automatically have their SGLI
increased to $250,000 effective 1 Apr 01 regardless of any prior
election. Eligible members could have avoided the additional coverage
if they elected to withdraw or reduce their coverage within the month
of April 2001. We have thoroughly reviewed the circumstances
surrounding the applicant’s appeal and find no evidence that she was
not aware of the change to Public Law 106-419 regarding SGLI coverage.
We note that the Pentagon newspaper and Feb-Mar 01 pay statements
were used to inform the Pentagon community of these changes. It was
the applicant’s responsibility to make a new election or to refuse
this benefit. The applicant did not execute a new election
certificate declining coverage until 25 July 2002; therefore, she was
automatically covered for $250,000 for the period 1 April 2001 through
24 July 2002. The Air Force has indicated that the applicant had been
reimbursed for the SGLI premiums erroneously charged for the period
20 Feb 98 to 31 Mar 01. Based on the available evidence of record,
however, we find no basis to favorably consider her request for
reimbursement of the premiums charged for the period 1 Apr 01 to 24
Jul 02.
_________________________________________________________________
THE BOARD RECOMMENDS 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 AFBCMR Docket Number 01-
03442 in Executive Session on 12 December 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 28 Nov 01, w/atchs.
Exhibit B. Letter, HQ AFPC/DPW, dated 18 Mar 02.
Exhibit C. Letter, SAF/MRBR, dated 22 Mar 02, w/atch.
Exhibit D. Applicant’s Response, undated, w/atchs.
Exhibit E. Letter, HQ AFPC/DPW, dated 30 Jul 02.
Exhibit F. Letter, SAF/MRBR, dated 9 Aug 02, w/atch.
JOSEPH G. DIAMOND
Panel Chair
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