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AF | BCMR | CY2003 | BC-2002-02700A
Original file (BC-2002-02700A.doc) Auto-classification: Denied

                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-02700
            INDEX CODE:  100.00
            COUNSEL:  NO

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

In  the  applicant's  appeal  for  reconsideration,  he  contends  he   was
miscounseled regarding termination of his SGLI coverage and requests he  be
reimbursed Servicemembers’ Group Life  Insurance  (SGLI)  premiums  from  1
April 2001 through 31 December 2001.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant originally declined SGLI coverage on 12 May 1997.

SGLI coverage was increased from  $200,000  to  $250,000  for  all  military
members effective 1 April 2001 with the passage of Public Law (PL)  106-419.


The applicant submitted an SGLV Form 8286 on 13 December 2001  to  terminate
the deduction of SGLI premiums.

The applicant's  request  to  be  reimbursed  for  his  SGLI  premiums  was
considered and denied by the Board on 15 April 2003.  For an accounting  of
the  facts  and  circumstances  surrounding  the  applicant's  request  for
reimbursement of SGLI premiums, and the rationale of the  earlier  decision
by the Board, see the Record of Proceedings, with attachments,  at  Exhibit
D.

On 23  June  2003,  the  applicant  submitted  a  DD  Form  149  requesting
reconsideration based on his being deployed and  unable  to  respond  to  a
request  for  additional  information.   The   applicant’s   request   with
attachments is attached at Exhibit E.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPW states all servicemembers who were eligible for  SGLI  coverage  on
31 March 2001 with continued eligibility on  1  April  2001  coverage  would
have their SGLI increased from $200,000 to
$250,000, unless the servicemember completed an SGLV Form 8286 electing  not
to participate or elected a lesser amount of coverage.

Lackland AFB notified its servicemembers  of  the  pending  change  to  SGLI
coverage by using the base bulletins, newspapers, and  the  April  2001  pay
statements.  The Military Personnel Flight (MPF) Commander advised DPW  that
her customer service representatives  fully  understood  the  guidance  from
AFPC regarding the pending  changes  in  coverage  for  SGLI  and  finds  it
difficult to support the contention of miscounseling.

AFPC/DPW further states that appropriate measures were taken to  notify  the
servicemembers in the Lackland AFB community of  the  changes  in  the  SGLI
coverage and had the applicant become a fatality during the time  period  in
question  his  beneficiary  would  have  received  a  $250,000  payment   in
accordance with 38 USC 1970.  Therefore based on the  information  provided,
they recommend the request for reimbursement of premiums from 1  April  2001
through 31 December 2001 be denied.

The AFPC/DPW evaluation, with attachment, is at Exhibit F.

_________________________________________________________________

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  17
October 2003, for review and response.  As of this  date,  no  response  has
been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

After careful consideration of the applicant’s reconsideration  request  and
the documentation he  submitted,  we  are  not  persuaded  to  override  the
Board's original decision.  The applicant alleges the personnel in  the  MPF
office advised him that if he had previously elected not to  participate  in
the SGLI program, that he would not have to resubmit another  election  form
for the change in coverage that would become effective 1  April  2001.   The
Air Force Office of Primary Responsibility contacted the  Lackland  AFB  MPF
Commander and she advised them that the customer service representatives  at
Lackland were well versed in the  guidance  from  AFPC  regarding  the  SGLI
changes  and  she  finds  it  difficult  to  support   the   contention   of
miscounseling.  Furthermore,  the  Lackland  AFB  used  base  bulletins  and
newspapers as well as April 2001  pay  statements  to  inform  the  military
community of the upcoming changes in  SGLI.   According  to  the  leave  and
earning statements he submitted, the one for the  1-28  Feb  01  pay  period
clearly indicated the SGLI automatic increase.  It would appear that he  was
notified of the SGLI increase  and  we  find  no  evidence  to  support  his
miscounseling contention.  Therefore, in the  absence  of  evidence  to  the
contrary we find no compelling basis to warrant favorable  consideration  of
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 AFBCMR Docket Number  BC-2002-
02700 in Executive Session on 1 December 2003, under the provisions  of  AFI
36-2603:

      Mr. Joseph G. Diamond, Panel Chair
      Ms. Brenda L. Romine, Member
      Mr. Edward Parker, Member

The following documentary evidence was considered:

      Exhibit D. Record of Proceedings, dated 25 Apr 03, w/atchs.
      Exhibit E. Applicant’s Reconsideration Request, dated 23 Jun 03,
                 w/atchs.
      Exhibit F. Letter, AFPC/DPE, dated 7 Oct 03, w/atch.
      Exhibit G. Letter, SAF/MRBR, dated 17 Oct 03.




                                             JOSEPH G. DIAMOND
                                             Panel Chair

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