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AF | BCMR | CY2003 | BC-2003-00860
Original file (BC-2003-00860.doc) Auto-classification: Denied

                       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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