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AF | BCMR | CY2006 | BC-2006-01187
Original file (BC-2006-01187.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01187
            INDEX CODE:  137.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  20 October 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reimbursed for the Servicemembers’ Group Life  Insurance  (SGLI)
premiums deducted from  his  pay  from  1 September  2005  through  31
January 2006.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He completed a Servicemembers’ Group  Life  Election  and  Certificate
(SGLI) on 23 January 2004, declining coverage.  They should  not  have
been allowed to start deducting premiums  again  without  his  express
consent.

In support of the appeal, applicant submits  five  Leave  and  Earning
(LES) statements.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

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  27  January
2006.

_________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPFC recommends the application be denied and  states,  in  part,
the Air Force ran an aggressive publicity campaign to advise  military
members of increased coverage under SGLI and  the  steps  to  take  in
order to reduce or decline the automatic coverage.  In  addition,  the
following statement was in the remarks section of the applicant’s LES,
“Eff 1 Sep 2005, SGLI increased from $250KI  to  $400K  regardless  of
previous election.  For more info, see local MPF.”  This statement was
printed on the August through October 2005 LES statements.

A complete copy of the AFPC/DPFC evaluation, with attachments,  is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 May 2006, a copy of the Air Force evaluation  was  forwarded  to
the applicant for review and response.  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.
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 AFBCMR Docket Number BC-
2006-01187 in Executive Session on 27 June 2006, under the  provisions
of AFI 36-2603:

                 Mr. Charles E. Bennett, Panel Chair
                 Mr. Richard K. Hartley, Member
                 Ms. Josephine L. Davis, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 11 Apr 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPFC, dated 12 May 06.
      Exhibit D. Letter, SAF/MRBR, dated 19 May 06.




                             CHARLES E. BENNETT
                             Panel Chair

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