RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-03623
INDEX CODE: 128.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reimbursed for premiums deducted from his pay for the increased
coverage of his Servicemen’s Group Life Insurance (SGLI).
_________________________________________________________________
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.
Supporting documentation was not submitted.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of
senior airman (E-4).
The remaining relevant facts pertaining to this application, extracted
from the applicant’s military records, are contained in the letters
prepared by the appropriate office of the Air Force at Exhibits B, and
E.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPW recommends the application be denied due to lack of
sufficient evidence to support the applicant’s claim. The applicant
did not respond to their request for additional information.
The HQ AFPC/DPW evaluation, with attachment, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant’s response to the advisory opinion consists of copies of
his leave and earnings statements and a copy of his SGLI election and
certificate. The applicant’s complete submission is at Exhibit D.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
HQ AFPC/DPW recommends the application be denied. HQ AFPC/DPW stated
that the applicant only requested reimbursement of the premiums for 1
Apr through 31 Dec 01; however, since the SGLV Form 8286 was dated 22
Jul 02, he also incurred additional charges for the months of 1 Jan
through 31 Jul 02. It is DPW’s opinion that the Maxwell AFB
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 Apr 01 to make a new election and avoid the
increased premium. Additionally, the applicant did not provide any
documentation to indicate that he was not aware of this change and his
responsibility to make a new election or to refuse this benefit. In
accordant with public law, the applicant was automatically covered for
$250,000 for the period 1-30 Apr 01. Since the applicant did not
complete a new SGLV Form 8286 declining coverage until 22 Jul 02, he
was also covered at the higher amount for the period 1 Apr 02 - 31 Jul
02 and was charged for the increased coverage for 1 Apr 01 - 22 Jul
02. Had the applicant become a fatality while on active duty between
1 Apr 01 - 22 Jul 02, the proceeds of the $250,000 coverage would have
been paid in accordance with 38 U.S.C. 1970.
The HQ AFPC/DPW evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
A copy of the additional Air Force evaluation was forwarded to
applicant on 2 August 2002 for review and response. As of this date,
no response has been received by this office (Exhibit F).
_________________________________________________________________
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
appropriate Air Force office of primary responsibility and adopt the
rationale expressed as the basis for our decision that the applicant
has failed to sustain his burden that he has suffered either an error
or an injustice. In view of the above and absent 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 in
Executive Session on 12 December 2002, under the provisions of AFI 36-
2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. Jackson A. Hauslein, Member
Mr. Edward H. Parker, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Dec 01.
Exhibit B. Letter, HQ AFPC/DPW, dated 10 Apr 02, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 19 Apr 02.
Exhibit D. Additional evidence from Applicant.
Exhibit E. Letter, HQ AFPC/DPW, dated 29 Jul 02.
Exhibit F. Letter, SAF/MRBR, dated 2 Aug 02.
JOSEPH G. DIAMOND
Panel Chair
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...
_________________________________________________________________ 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 | 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 | 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...
On 4 February 2002, the applicant completed a new SGLV 8286 declining coverage _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPW recommended denial. 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. We took notice of the...
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 | 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...
AF | BCMR | CY2003 | BC-2002-02700
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 provided sufficient evidence to support his claim. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC- 2002-02700 in Executive Session on 15 April 2003, under the...
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 (Exhibit B). A complete copy of the evaluation is at Exhibit B. _________________________________________________________________ The following members of the Board considered this application AFBCMR Docket Number 01-02344 in Executive Session on 24 July 2002, under the provisions of AFI...