RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00777
INDEX NUMBER: 100.03
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 16 Sep 07
________________________________________________________________
APPLICANT REQUESTS THAT:
Her record reflect she elected reduced coverage under the
Servicemembers’ Group Life Insurance (SGLI) effective 1 Sep 05, and is
entitled to a $186.00 refund of premiums for the months of Sep 05
through Mar 06 [see Exhibit D].
________________________________________________________________
APPLICANT CONTENDS THAT:
She did not see or hear any information that SGLI had changed to
$400,000 payout proceeds for everyone in military service. During her
20 years in the Air Force Reserves, she never had her SGLI amount
above $10,000. As an Individual Mobilization Augmentee (IMA), she
started her two-week annual tour on 27 Feb 06. She did not have a
working computer and the programs used for retrieving her Leave and
Earning Statement (LES) were new to her. She discovered the debt for
the Sep 05-Jan 06 SGLI premiums during her two-week tour. In Feb 05,
she changed her payout proceeds to $50,000.
Applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 11 May 05, Public Law 109-13, Section 1012, was enacted to increase
the amount of SGLI coverage from $250,000 to $400,000 for all
participating members of the Armed Forces, effective 1 Sep 05. The
increase in coverage was automatic for everyone regardless of any
previous elections under the SGLI. For members of the Selected
Reserve, coverage was increased automatically to $400,000. All
members who had previously declined coverage under the SGLI or had
elected not to participate in the program were required to notify the
appropriate agencies of their decisions no later than 30 Sep 05.
While the Air Reserve Personnel Center (ARPC) extensively advertised
the changes (via Jul/Aug 05 Air Reserve Personnel Update, ARPC
website, LES, etc), there were no individual notices mailed to
members.
The applicant is currently an IMA serving in the Reserve grade of
senior master sergeant (SMSgt), effective and with a date of rank of
1 Jan 05.
The relevant facts pertaining to this application, extracted from the
applicant’s military records, are contained in the letter prepared by
the appropriate office of the Air Force provided at Exhibit B.
________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPP recommends denial. The change to the SGLI program was
extensively advised and the applicant failed to accomplish an SGLV
Form 8286 within the allotted time specified by law.
A complete copy of the HQ AFPC/DPP evaluation, with attachments, is at
Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant amends the amount of her requested refund to $186.00
from $132.00, to cover the period Sep 05-Mar 06. She attaches a copy
of the “Welcome to the IMA Program,” downloaded by her on 26 Apr 06,
to show the Air Force Legal Services Agency is still showing the SGLI
program coverage is $200,000, not $400,000. She hopes the Board
understands the confusion she had with paying the premiums for the
seven months.
The applicant’s response, with attachments, is at Exhibit D.
[Note: Pursuant to an AFBCMR Staff inquiry, HQ ARPC/DPP informally
advised, via emails dated 20 and 21 Jun 06, that the Judge Advocate
General (JAG) website refers members to the ARPC website for SGLI
information. The ARPC website contains the current SGLI information,
the same as used in their advisory. ARPC/DPP also indicated the
applicant signed SGLV Form 8286 on 28 Feb 06, requesting the decreased
$50,000 coverage; however, they did not receive the form until 13 Mar
06, when they updated the system. The applicant owes premiums for Sep-
Nov 05 in the amount of $78.00, and Dec 05-Feb 06 in the amount of
$81.00, for a total of $159.00. She was charged for the Mar 06
premium because the update was not made until 13 Mar 06; however, HQ
ARPC/DPP recommends she be refunded $23.75 for that month’s pro-rated
coverage.]
__________________________________________________________________
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. While the applicant may have
been properly charged with a debt as a result of the passage of Public
Law 109-13, Section 1012, effective 1 Sep 05, which automatically
increased the level of SGLI coverage, we believe reimbursement of the
premiums withheld from her pay is appropriate. The applicant contends
that, as an IMA without a computer and unfamiliar with the programs
providing access to various websites, she was unaware the SGLI program
had changed until she began her tour in Feb 06. While in this high-
tech age one is inclined to believe everybody has Internet access,
such is not always the case. Further, we note the applicant had
always elected minimum SGLI coverage and she reduced her coverage as
soon as she became aware of the unwanted higher coverage. This leads
us to believe the applicant would have elected lower coverage, rather
than the automatic $400,000 coverage, had she been aware of the change
in Public Law and the 30 Sep 05 election deadline. Therefore, we
conclude any doubt in this case should be resolved in favor of the
applicant and recommend her records be corrected to show a timely
election of $50,000 SGLI coverage.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the APPLICANT be corrected to show that, on 1 September
2005, she executed an SGLV Form 8286, Servicemembers’ Group Life
Insurance (SGLI) Election and Certificate, requesting decreased
coverage of $50,000, effective 1 September 2005.
________________________________________________________________
The following members of the Board considered this application in
Executive Session on 26 and 28 July 2006 under the provisions of AFI
36-2603:
Mr. Jay H. Jordan, Panel Chair
Ms. Patricia R. Collins, Member
Ms. Renee M. Collier, Member
All members voted to correct the records, as recommended. The
following documentary evidence relating to AFBCMR Docket Number BC-
2006-00777 was considered:
Exhibit A. DD Form 149, dated 10 Mar 06, w/atchs.
Exhibit B. Letter, HQ AFPC/DPP, dated 19 Apr 06, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 28 Apr 06.
Exhibit D. Letter, Applicant, dated 26 Apr 06, w/atchs.
JAY H. JORDAN
Panel Chair
AFBCMR BC-2006-00777
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, on
1 September 2005, she executed an SGLV Form 8286, Servicemembers’
Group Life Insurance (SGLI) Election and Certificate, requesting
decreased coverage of $50,000, effective 1 September 2005.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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