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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