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AF | BCMR | CY2002 | BC-2001-03442
Original file (BC-2001-03442.doc) Auto-classification: Denied


                       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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