Search Decisions

Decision Text

AF | BCMR | CY2003 | BC-2003-01864
Original file (BC-2003-01864.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01864
            INDEX CODE:  128.14

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He purposely declined SGLI coverage when he separated from  active  duty  in
April 2000 and entered the Individual Mobilization Augmentee (IMA)  program.
 He indicates that during his separation process someone made  an  error  on
his documentation and elected SGLI.

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
captain.

On 1 November 2000, Public Law 106-419, Section 312, was signed into law  by
President Clinton raising the amount of coverage under  SGLI  from  $200,000
to $250,000.  Under the provisions of this law,  every  eligible  member  of
the  Participating  Individual  Ready  Reserve  (PIRR)   was   automatically
covered, regardless of any prior election.  The provision also  stated  that
within the month of April 2001, any PIRR member could elect to  withdraw  or
reduce their coverage  without  being  charged  $20.00  per  month  for  the
maximum coverage of $250,000.

_________________________________________________________________


AIR FORCE EVALUATION:

ARPC/DPS recommended denial.  They indicated that the applicant was  sent  a
letter concerning the new  law  to  his  mailing  address.    The  applicant
claims he purposely declined SGLI prior to entering the IMA  program.   They
have no records of his declination.  He did not decline  coverage  until  31
March 2003 so, he was charged for coverage from April 2001 through 31  March
2003 for SGLI in the amount of $460.00 and $153.00 for family coverage.

The evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 July 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.  Information pertaining to  the  change
to the SGLI program was mailed to the applicant’s home address.   The  Board
notes that the applicant did not decline coverage until 31  March  2003  so,
he was charged for coverage from April 2001 through 31 March 2003  for  SGLI
in the amount of $460.00 and $153.00 for  family  coverage.   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-
01864 in Executive Session on 2 December 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 27 May 2003, w/atchs.
   Exhibit B.  Letter, ARPC/DPS, dated 24 June 2003, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 3 July 2003.




                       JOSEPH G. DIAMOND
                       Panel Chair



Similar Decisions

  • AF | BCMR | CY2002 | 0200894

    Original file (0200894.doc) Auto-classification: Denied

    The coverage, by law, is automatic for all members of the Armed Forces who have a spouse and/or children, unless the member declines coverage. In addition to the letters, articles were published in the September/October and November/December 2001 Air Reserve Personnel Update explaining the change to the program. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number 02-00894 in Executive Session on 24 July 2002...

  • AF | BCMR | CY2002 | 0200351

    Original file (0200351.doc) Auto-classification: Denied

    ___________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. The provision also stated that within the month of April 2001, any PIRR member could elect to withdraw or reduce their coverage without being charged $20 per month for the maximum coverage of $250,000. We took...

  • AF | BCMR | CY2001 | 0101572

    Original file (0101572.doc) Auto-classification: Denied

    The provision also stated that within the month of April 2001, any PIRR member could elect to withdraw or reduce their coverage without being charged $20 per month for the maximum coverage of $250,000. The applicant further states that she did not receive the ARPC update and that the website “does not say that the older forms are not valid anymore or that I have to resubmit a form even though I already had one on file.” Additionally, the website contains a section specifically addressing...

  • AF | BCMR | CY2004 | BC-2003-02798

    Original file (BC-2003-02798.doc) Auto-classification: Approved

    There is no evidence in the applicant’s military personnel records indicating she declined SGLI coverage during April 2001. She failed to decline SGLI coverage prior to her effective retirement date of 1 November 2002. The evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 16 January 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response...

  • AF | BCMR | CY2003 | BC-2003-02260

    Original file (BC-2003-02260.doc) Auto-classification: Approved

    The Military Personnel Database (MilPDS) indicates the applicant was discharged from the Air Force Reserve effective 15 July 2002 in the grade of technical sergeant (E-6), for completing his term of service. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he executed an SGLV 8286, Servicemen’s Group Life Insurance (SGLI) Election and...

  • AF | BCMR | CY2003 | BC-2003-01911

    Original file (BC-2003-01911.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPS recommended denial. She served two weeks as an IMA reservist in August of 2002 and received monthly LES statements from September 2002 on, even though she was obligated to one two-week tour a year. The applicant indicates that she was on active duty in April 2001 when the law was changed; however, she presents no documentation to indicate she declined coverage at that time.

  • AF | BCMR | CY2002 | 0201184

    Original file (0201184.doc) Auto-classification: Approved

    _________________________________________________________________ STATEMENT OF FACTS: Title 38 U.S.C., Section 1965(5)(B) and Section 1967(a) states that a member who is assigned to a participating position shall be automatically insured under SGLI for an automatic coverage for $250,000, unless the member reduces or declines coverage. They indicated that Title 38 U.S.C., Section 1965(5)(B) and Section 1967(a) states that a member who is assigned to a participating position shall...

  • AF | BCMR | CY2002 | BC-2002-01804

    Original file (BC-2002-01804.doc) Auto-classification: Approved

    The applicant states that after receiving notification of his reassignment to the ISLRS on 2 November 2000, he received no further notices, orders, or letters. The applicant was transferred to the ISLRS on 16 May 2002, and his SGLI coverage was automatically terminated. After reviewing the evidence of record, we believe that had the applicant been properly informed he would have taken the necessary action to be transferred to the ISLRS on 2 November 2000.

  • AF | BCMR | CY2002 | BC-2002-03546

    Original file (BC-2002-03546.doc) Auto-classification: Denied

    The coverage, by law, was automatic unless the member declined the coverage. On 31 October 2002, the applicant completed an SGLV 8286A, electing to decline FSGLI coverage for her spouse. 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.

  • AF | BCMR | CY2004 | BC-2003-03441

    Original file (BC-2003-03441.doc) Auto-classification: Denied

    On 5 June 2001, Public Law 107-14 established the FSGLI program that was implemented on 1 November 2001, making it possible for servicemembers to provide up to $100,000 coverage for their spouse and $10,000 coverage for their dependent children through the Office of Servicemembers’ Group Life Insurance. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPS recommends the application be denied, and states, in part, that there is no record of the...