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AF | BCMR | CY2003 | BC-2003-00486
Original file (BC-2003-00486.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00486
            INDEX CODE:  128.14

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reimbursed for the amount  of  Servicemembers’  Group  Life  Insurance
(SGLI) deducted from his pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is in a Reserve Category  E  status  (non-pay),  and  as  such,  was  not
receiving Leave and Earning Statements (LES).   When  he  started  receiving
the statements last July 2002, he noticed the $140.00  bill  he  accumulated
because of the new SGLI program.  He indicates that he did not know  of  the
program  and  has  been  trying  to  stop  it  from  accumulating  since  he
discovered the error.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in the grade  of
major.

On 5 June 2001, the President signed into law approving Public  Law  107-14,
Survivor Benefits Improvement Act of 2001.  Within the context of  the  law,
the expanded SGLI program was established to provide spouse and/or  children
coverage in the event of their death.  The coverage, by law,  was  automatic
for all members of the Armed  Forces  who  had  a  spouse  and/or  children,
unless the member declined coverage prior to 31 December 2001.

_________________________________________________________________



AIR FORCE EVALUATION:

ARPC/DPS recommended denial.  They indicated that the  applicant  claims  he
was not notified of the automatic coverage, nor did  he  give  any  approval
for deductions.  The applicant was sent a letter  concerning  the  new  law,
during the month of  August  2001,  to  his  mailing  address.   The  letter
contained detailed instructions on the new policy.   The  applicant’s  prior
approval was not necessary to be enrolled in the program.  According to  the
Defense Manpower Data Center, the applicant terminated his  SGLI  and  FSGLI
on 31 October  2002.   The  applicant  owes  $240.00  for  coverage  from  1
November 2001 to 31 October 2002.

The evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 March 2003, a copy of the Air Force evaluation  was  forwarded  to  the
applicant for review and response within 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.   The  applicant  had  adequate  time
between 1 November and 31 December 2001 to make an  election  decision.   He
did not provide any documentation to indicate that he was not aware of  this
change.  In accordance with public law, the applicant’s spouse  was  insured
for $100,000 for the period 1 November 2001 -  31  October  2002.   Had  the
applicant’s spouse become a fatality during this  period,  the  proceeds  of
the $100,000 coverage  would  have  been  paid  to  her  IAW  the  new  law.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling basis to recommend granting the relief sought.

_________________________________________________________________




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  BC-2003-
00486 in Executive Session on 25 July 2003, under the provisions of AFI  36-
2603:

                 Mr. Joseph G. Diamond, Panel Chair
                 Mr. Edward H. Parker, Member
                 Mr. Jackson Hauslein, Jr., Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 3 February 2003, w/atchs.
   Exhibit B.  Letter, AFPC/DPS, dated 28 February 2003, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 7 March 2003.




                       JOSEPH G. DIAMOND
                       Panel Chair

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