RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00860
INDEX CODE:
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be refunded the Servicemembers’ Group Life Insurance (SGLI)
premiums deducted from August 2000 through March 2003.
___________________________________________________________________
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.
In support of his appeal, applicant submitted an SGLI printout, his
Leave and Earnings Statement for 31 January 2003, and his Form SGLV-
8286, SGLI Insurance Election and Certificate, dated 7 August 2000.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The SGLV-8286, Servicemembers’ Group Life Insurance Election and
Certificate, provided by the applicant, reflects that on
7 August 2002, he elected SGLI coverage in the amount of $100,000.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPW reviewed this application and recommended denial. They
state that 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, provided they completed a new SGLV 8286 in April 2001 to
retain their previously elected coverage. Applicant did not
complete a new SGLV-8286.
They further state that applicant’s Air Force base informed the
base community of these changes through their pay statements and
base 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.
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 increased
premiums. 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 refuse this benefit.
Applicant was automatically covered for $250,000 for the period 1 -
30 April 2001, in accordance with public law. Finally, because
the applicant did not complete a new SGLV 8286, he continues to be
covered at the higher amount for the period 1 May 2001 through
31 March 2003 and was charged for the increased coverage for
1 April 2001 to 31 March 2003. Had the applicant become a fatality
while on active duty between 1 April 2001 and 31 March 2003, the
proceeds of the $250,000 coverage would have been paid IAW 38 USC
1970.
The portion of applicant’s request for a refund of overpayments
during the period from 1 Aug 2000 through 31 Dec 2000 has been
administratively resolved through DFAS-DE and does not require any
BCMR action.
A complete copy of the evaluation, with attachments, is at Exhibit
C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 11 April 2003 for review and comment within 30 days. As of this
date, no response has been received by this office (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 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
Air Force office of primary responsibility and adopt their
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. Therefore, in the
absence of 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 AFBCMR Docket Number
BC-2003-00860 in Executive Session on 25 July 2003, under the
provisions of AFI 36-2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. Edward Parker, Member
Mr. Jackson Hauslein Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Mar 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPW, dated 8 Apr 03, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 11 Apr 03.
JOSEPH G. DIAMOND
Panel Chair
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