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AF | BCMR | CY2006 | BC-2005-03866
Original file (BC-2005-03866.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2005-
03866
                                             INDEX CODE:

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  14 JUNE 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that he  declined  Servicemembers’
Group Life Insurance (SGLI) on 1 September 2005,  and  that  he  be
reimbursed $104.00 for the premiums deducted from his pay.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was automatically enrolled in SGLI without his consent, his  pay
was deducted $26.00 per month, and he would like a refund.  He  did
not have SGLI before he was automatically enrolled and never  asked
for it.  He never gave his consent to  enroll  or  have  deductions
from his pay.

The applicant’s submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty in  the  rank  of
Technical  Sergeant  (E-6).   His  Total  Active  Federal  Military
Service Date (TAFMSD) is 13 July 1987.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPFC recommends the application  be  denied.   DPFC  states
Section 1012 of the Emergency Supplemental Appropriations  Act  for
Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public
Law 109-13, May 11, 2005), automatically  increased  the  level  of
SGLI coverage for all eligible military members  from  $250,000  to
$400,000 effective 1 Sep 05.  Implementing guidance dated 15 Aug 05
stipulated that members  eligible  for  SGLI  on  31  Aug  05  with
continued eligibility on 1 Sep 05 would have their  SGLI  increased
to $400,000 in coverage until they make a valid election to  reduce
or decline coverage.  The member did not complete a new  SGLV  8286
declining coverage until 14 Dec 05.

DPFC states that Ellsworth AFB’s leadership took adequate steps  as
directed to inform all members of the increase  in  coverage.   The
applicant had adequate time during the month of Sep 05, to  make  a
new election and avoid the increased premium.   The  applicant  did
not provide any documentation to indicate he was not aware of  this
change and his responsibility to make a new election or  to  refuse
this benefit.  In accordance with PL, the member was  automatically
covered for $400,000 for the period 1-30 Sep 05.

DPFC concludes, because the applicant did not complete a  new  SGLV
8286, declining coverage until 14 Dec 05, he was  also  covered  at
the higher amount and was charged for the  increased  coverage  for
the period 1 Sep -31 Dec 05.  Had the applicant become  a  fatality
while on active duty between 1 Sep – 31 Dec 05, the proceeds of the
$400,000 coverage would have been paid IAW 38 U.S.C. 1970.

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

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 Dec 05, 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.  (Exhibit C)

___________________________________________________________________

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 office of primary responsibility and adopt its  rationale
as the basis for our conclusion that the applicant has not been the
victim of an error or injustice.   Therefore,  in  the  absence  of
evidence to the contrary, we find no compelling 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-2005-
03866  in  Executive  Session  on  22  February  2006,  under   the
provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. Richard K. Hartley, Member
      Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Dec 05.
    Exhibit B.  Letter, AFPC/DPFC, dated 28 Dec 05, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 30 Dec 05.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

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