RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03493
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 19 May 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reimbursed $78.00 for the premiums deducted from his pay for
Servicemembers’ Group Life Insurance (SGLI).
_________________________________________________________________
APPLICANT CONTENDS THAT:
It was not made clear to him that he would be signed up for $400,000
of Servicemembers’ Group Life Insurance (SGLI). He made no such
informed decision. In fact, he was not alerted to it at all. He had
previously opted for no SGLI coverage and without his consent or
knowledge was forced to take SGLI for three months.
In support of the appeal, applicant submits two leave and earnings
statements.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Section 1012 of the Emergency Supplemental Appropriations Act for
Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public
Law 109-13, 11 May 2005), automatically increased the level of SGLI
coverage for all eligible military members from $250,000 to $400,000
effective 1 September 2005. Implementing guidance dated 15 August
2005 stipulated that members eligible for SGLI on 31 August 2005 with
continued eligibility on 1 September 2005 would have their SGLI
increased to $400,000 effective 1 September 2005, regardless of any
prior election. All members will have $400,000 in coverage until they
make a valid election to reduce or decline coverage. Applicant did
not complete a new SGLV 8286 declining coverage until 9 November 2005.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFC states, the officials at Ellsworth AFB advised them that
information about the program was provided to Commander Support Staffs
(CSS) for advertisement on 18 August 2005. Also, it was advertised in
the base newspaper on 26 August 2005. Finally, it was on the August-
October 2005 pay statements. Members who failed to complete a new
SGLV 8286 during the month of September 2005 to elect a lower amount
of coverage or “no coverage” were automatically covered for $400,000
in accordance with public law. Therefore, they recommend denial of
applicant’s request.
A complete copy of the evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 9 December 2005, 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 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
and adopt their rationale as the basis for the conclusion that the
applicant has not been the victim of an error or injustice. As
stated, it is our opinion that the Ellsworth AFB leadership took
adequate steps as directed to inform all members of the increase in
coverage and that the applicant had adequate time during the month of
September 2005 to make a new election and avoid the increased premium.
Therefore, in the absence of evidence to the contrary, 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 this application in
Executive Session on 9 February 2006, under the provisions of AFI 36-
2603:
Ms. Cathlynn B. Sparks, Panel Chair
Mr. August Doddato, Member
Mr. Vance E. Lineberger Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Nov 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPFC, undated, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 9 Dec 05.
CATHLYNN B. SPARKS
Panel Chair
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