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AF | BCMR | CY2003 | BC-2003-00671
Original file (BC-2003-00671.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00671

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Servicemembers’ Group Life  Insurance  (SGLI)  election  for  “NO”
coverage be honored and the debt for premiums in the amount of $340.00
be removed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She never had SGLI.  When she transferred from the Air National  Guard
on 1 October 2001 to the Air Reserves, she signed paperwork  declining
SGLI.  When she became affected by STOP-LOSS (Oct 01), she  was  never
told she needed to sign paperwork declining something she never had.

In support of the applicant's appeal, she submits DD Form 149.

Applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is presently serving in the Air  Force  Reserve  in  the
grade of technical sergeant.

Applicant was assigned to the 46th Aerial Port (T4), Dover, DE from 29
December 2000, until 1 September 2002. ARPC/DPS has no record that the
member declined coverage at that time.  According to Reserve Order  A-
0306 dated 24 July 2001, the applicant was informed  she  was  covered
under SGLI until her loss date of       1 September 2002.

According to their pay system, the applicant declined SGLI coverage on
1 October 2002 by signing SGLV Form  8286,  Servicemen's'  Group  Life
Insurance Election Statement.  Applicant  owes  for  premiums  from  1
April 2001, until 21 August 2002, at total of $340.00.

________________________________________________________________


AIR FORCE EVALUATION

ARPC/DPS recommends the request be denied.

ARPC/DPS complete evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and stated  that  when
she transferred to the Air Force Reserves in  January  2001,  she  was
never told that she had to opt out of SGLI again.   No  payments  were
made (by her) during her stay in  the  Reserves  (3  months).   Months
later, after receiving a letter notifying her of  a  top-loss  status,
again, she was never told she had to once again opt of  something  she
never had.  She never heard from her Reserve unit again until she  was
notified that she was released  from  stop-lose.   Months  later,  she
received a letter notifying her of this debt to SGLI.  She would  also
like to add that the letter she received was  incorrect  in  that  she
elected to withdraw from SGLI in April 2001.   Her  signature/initials
does not appear on any of the correspondence accepting SGLI.

During her entire military career, she has never  had  SGLI.   So  why
would she think that after her military career is over, she be covered
by something she rejected 15 years ago.

If this debt cannot be erased, then she would like for it be forgiven.
 She recently graduated from college, and she is facing  over  $60,000
in a student loan. She is currently working part-time.

Applicant’s complete response is at Exhibit D.

_________________________________________________________________

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 injustice.  After a  thorough  review  of
the  evidence  of  record  and  applicant’s  submission,  we  are  not
persuaded the applicant should be reimbursed for the SGLI premiums she
paid from April 2001 to August 2002.  Under the provisions  of  Public
Law  106-419,  every  eligible  member  of  the   Armed   Forces   was
automatically  covered,  regardless  of  any  prior   election.    The
applicant’s contentions are duly noted; however, we do not find  these
assertions, in and by themselves, sufficiently persuasive to  override
the rationale provided by the office of  primary  responsibility.   We
therefore agree with their  recommendation  and  adopt  the  rationale
expressed as the basis for our decision that the applicant has  failed
to sustain her burden  of  having  suffered  either  an  error  or  an
injustice.  In view of the above and absent persuasive evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought.

_________________________________________________________________

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 BC-
2003-00671 in Executive Session on 25 July 2003, under the  provisions
of AFI 36-2603:

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

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 19 Mar 03.
      Exhibit B. Letter, ARPC/DPS, dated 27 Mar 03.
      Exhibit C. Letter, SAF/MRBR, dated 4 Apr 03.
      Exhibit D. Applicant’s Response, dated 14 Apr 03.






                 JOSEPH G. DIAMOND
                 Panel Chair

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