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AF | BCMR | CY2004 | BC-2003-02798
Original file (BC-2003-02798.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02798
            INDEX CODE:  128.14

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 3 March 2001, her son was killed in a plane accident  and  she  is  still
fighting for his SGLI coverage.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted her last enlistment in the Air Force Reserve on  21
May 1998.  On 1 November 2002, the applicant honorably retired in the  grade
of master sergeant.

On 1 November 2000, the President signed into law approving Public Law  106-
419, Section 312, raising the amount of coverage under  SGLI  from  $200,000
to  $250,000.   Under  the  provisions   of   this   law,   every   eligible
participating  member  of  the  Armed  Forces  was  automatically   covered,
regardless of any prior election.  The provision also  stated  that,  within
the month of April 2001, any member could elect to withdraw or reduce  their
coverage without being charged $20 per month for  the  maximum  coverage  of
$250,000.

There  is  no  evidence  in  the  applicant’s  military  personnel   records
indicating she declined SGLI coverage during April 2001.

_________________________________________________________________



AIR FORCE EVALUATION:

ARPC/DPS recommended denial, indicating Headquarters, Air Reserve  Personnel
Center (ARPC) mailed a letter  to  all  Individual  Mobilization  Augmentees
(IMAs)  at  their  home  address  advertising  the  change  to  the  program
extensively.  An article was included in the January/February 2001 issue  of
the Air Reserve Personnel Update and again in the May/June 2001  issue.   In
addition, information was posted on the “Above & Beyond” ARPC website.   The
applicant states she was not in the right state  of  mind  after  her  son’s
death and had not paid attention to the SGLI changes.  They sympathize  with
the applicant; however, they do not believe an injustice has occurred.   She
failed to decline SGLI coverage prior to her effective retirement date of  1
November 2002.

If the decision is to  grant  the  relief  sought,  the  applicant’s  record
should be corrected to show she elected to withdraw SGLI coverage  effective
1 April 2001 and the  debt  of  $380.00  be  removed  from  the  applicant’s
record.

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 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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of an injustice.  The applicant states after her  son  was  killed
in an airplane crash on 3 March 2001, she was not in her right mind and  did
not pay attention to her SGLI charges.   It  is  reasonable  to  understand,
given the situation of her son’s untimely death, why the applicant  did  not
complete the proper forms declining SGLI coverage before 1 April  2001.   It
is  apparent  she  was  clearly  preoccupied  by  other   pressing   matters
concerning her son’s death.  In view of the totality  of  these  unfortunate
circumstances and in consideration of  the  applicant’s  grievous  state  of
mind during this time period, we recommend her records be corrected  to  the
extent indicated below.


_________________________________________________________________
THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that on 1 April  2001,  she  executed  an
SGLV  Form  8286,  Servicemembers’  Group  Life  Insurance  (SGLI)  Election
Certificate, declining any and all coverage, effective 1 April 2001.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2003-
02798 in Executive Session on 20 April 2004, under the provisions of AFI 36-
2603:

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

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 16 July 2003, w/atchs.
   Exhibit B.  Letter, HQ ARPC/DPS, dated 13 January 2004,
               w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 16 January 2004.




                 JOSEPH G. DIAMOND
                 Panel Chair


AFBCMR BC-2003-02798





MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to , be corrected to show that on 1 April 2001, she executed an
SGLV Form 8286, Servicemembers’ Group Life Insurance (SGLI) Election
Certificate, declining any and all coverage, effective 1  April 2001.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


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