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AF | BCMR | CY2006 | BC-2005-03673
Original file (BC-2005-03673.DOC) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-03673
                                             INDEX CODE:  100.00
      XXXXXXX                           COUNSEL:  NONE

      XXXXXXX                           HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  3 June 2007


________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show  that  he  declined  Servicemembers’  Group
Life Insurance (SGLI) and he be reimbursed for the  premiums  deducted  from
his pay since 1 September 2005.

________________________________________________________________

APPLICANT CONTENDS THAT:

He never authorized the change  in  SGLI  coverage  from  “no  coverage”  to
$400,000.   An  email  was  sent  out  while  he  was  deployed  to  Kuwait,
explaining that if he did not respond by a certain date,  SGLI  would  start
automatically.  Since he had approximately 100 emails on  his  XXXXXXX  AFB,
DE, account, he was not aware of the requirement.

Applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently  serving  on  active  duty  in  the  grade  of  staff
sergeant.

Public Law 109-13 automatically increased the level of  SGLI  coverage  from
$250,000 to $400,000, effective 1  September  2005.   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.

On 21  October  2005,  applicant  completed  an  SGLV  8286  declining  SGLI
coverage.

________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPFC recommends the application be denied and  states,  in  part,  that
XXXXXXX AFB leadership took adequate steps to inform all members of the  new
program and during the period applicant was deployed, information about  the
program was  emailed  by  the  commander  to  all  deployed  personnel.   In
addition, information was on the August  through  October  2005,  Leave  and
Earning Statements (LESs).  Applicant has not provided any documentation  to
indicate that he was not aware of this  change  and  his  responsibility  to
make a new election and avoid the increased premium.

The AFPC/DPFC evaluation, with attachments, is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  23
December 2005, for review and comment, within 30 days.  However, 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 error or injustice.   In  this  respect,  we  note  that  on  3
September 2002, applicant declined SGLI coverage.  However, Public Law  109-
13 automatically increased the level  of  SGLI  coverage  from  $250,000  to
$400,000, effective 1 September 2005, for  all  eligible  military  members,
regardless of any prior election.  The coverage, by law, was  automatic  for
all members of the Armed Forces unless they  declined  coverage  during  the
month of September 2005.  Applicant states that while  he  was  deployed  to
Kuwait, an email was sent out explaining that if he did  not  respond  by  a
certain date,  SGLI  would  start  automatically.   However,  since  he  had
received approximately 100 emails, he was unaware of the requirement.   Once
notified of the requirement, he immediately declined coverage.  In  view  of
the above, we believe the applicant was not informed of the  requirement  to
again  decline  coverage  in  order  to  opt-out  of  SGLI.   Therefore,  we
recommend applicant’s 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 he  filed  a  Servicemembers’  Group
Life Insurance Election and Certificate, SGLV – 8286, on 1  September  2005,
declining coverage.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2005-
03673 in Executive Session on 26 January 2006, under the provisions  of  AFI
36-2603:

            Mr. Richard A. Peterson, Panel Chair
            Ms. LeLoy W. Cottrell, Member
            Ms. Patricia R. Collins, Member

By majority vote, the Board voted to correct the  records,  as  recommended.
Ms. Cottrell voted to deny applicant's request but does not wish  to  submit
a minority report.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 14 Nov 05.
     Exhibit B.  Letter, AFPC/DPFC, undated, w/atchs.
     Exhibit C.  Letter, SAF/MRBR, dated 23 Dec 05.




                                   RICHARD A. PETERSON
                                   Panel Chair



AFBCMR BC-2005-03673




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 XXXXXXX, XXXXXXX, be corrected to show that he filed a
Servicemembers’ Group Life Insurance Election and Certificate, SGLV – 8286,
on 1 September 2005, declining coverage.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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