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AF | BCMR | CY2004 | BC-2003-03441
Original file (BC-2003-03441.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-03441

            INDEX NUMBER: 128.10


            COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not intend to work any Inactive Duty Training (IDT) or  Reserve  days
prior to his 1 August 2003 retirement.

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

_________________________________________________________________

STATEMENT OF FACTS:

The  applicant  contracted  his  last  enlistment  with  the  Air  Force  on
25 November 1998 for a period of 6 years.

Effective 1 April 2001,  Public  Law  106-419  automatically  increased  the
level of SGLI coverage to $250,000 for all military members,  regardless  of
any prior election.  During the month of April 2001, any member could  elect
to withdraw or reduce their coverage.

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.  The coverage, by law, was automatic unless the  member  declined
the coverage.

_________________________________________________________________






AIR FORCE EVALUATION:

ARPC/DPS recommends the application be denied, and  states,  in  part,  that
there is no record of the applicant declining coverage at any time.

The ARPC/DPS evaluation is at Exhibit B.

_____________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 5 December 2003 for review and response within 30 days.  However,  as  of
this date, this office has received no response.

_________________________________________________________________

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.   Public  Law  106-419,  Section   312,
effective 1 April 2001, automatically increased the level of  SGLI  coverage
to $250,000 for all eligible  military  members,  regardless  of  any  prior
election.  Members who  had  elected  no  coverage  or  less  than  $250,000
coverage prior to 1 April 2001, could avoid  the  higher  premiums  provided
they completed a new election form in April  2001.   No  evidence  has  been
submitted showing that the  applicant  declined  SGLI  coverage  during  the
month of April 2001.  In addition, 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.  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.  Members who did  not  desire  coverage
had to complete an election declining coverage during the month of  November
2001.  No evidence has been submitted showing that  the  applicant  declined
FSGLI  coverage  during  the  month  of  November  2001.   The   Air   Force
aggressively campaigned to make members aware of  the  change  to  the  SGLI
program and the newly established FSGLI program, and the applicant  has  not
provided any documentation to indicate that he was not aware of the  changes
and his responsibility to make an election decision.  Therefore, we find  no
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  Docket  Number  BC-2003-03441
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

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 6 Oct 03.
      Exhibit B.  Letter, ARPC/DPS, dated 1 Dec 03.
      Exhibit C.  Letter, SAF/MRBR, dated 5 Dec 03.




            JOSEPH G. DIAMOND
            Panel Chair


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