RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02278
INDEX CODE: 128.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 31 JANUARY 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be reimbursed for Servicemembers’ Group Life Insurance (SGLI) payments
from Sep 2005 to Jul 2006.
_________________________________________________________________
APPLICANT CONTENDS THAT:
After her separation from active duty, she purchased a life insurance
policy and subsequently declined SGLI when she transitioned into the IMA
program in Oct 02. She was having problems accessing “My Pay;” however,
when she was able to log online in June there were three Leave and Earning
Statements (LESs) that she had not reviewed which showed SGLI payments had
been deducted.
She should not have been automatically reenrolled and charged SGLI after
having declined it initially for the following reasons: 1) Nowhere on the
SGLI election and certificate does it state members must re-decline if
there are changes to SGLI; 2) According to the IMA guide, it states that
“you have the option to elect, in writing, either a reduced coverage or no
coverage.” It does not state members would be automatically reenrolled
when SGLI changes and that each member must re-decline.
In support of the application, the applicant submits an excerpt from the
IMA Guide, LESs, and her SGLV Form 8286.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was honorably discharged from the Air Force Reserves in the
grade of major on 25 Oct 02.
Examiner’s Note: On 11 May 05, a new Public Law was enacted by President
Bush for all active duty military members in regards to an increase in
SGLI. This enactment automatically reenrolled active duty military members
into the SGLI program with an effective date of 1 Sep 05. In order for the
applicant to decline the reenrollment, she would have needed to submit her
declination NLT 30 Sep 05. It appears the total amount deducted from the
applicant for the period in question is $260.00.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPPE recommends denial. DPPE states HQ ARPC extensively advertised
the change to the SGLI program; however, there were no individual notices
mailed to members. An article was issued and the AFPC website was updated
to reflect the upcoming changes and instructions on how to decrease or
decline coverage.
DPPE states Public Law 109-13 did not have a provision to exclude people
who had previously declined coverage. It was designed to ensure that every
member and their family members were protected by making the overage
automatic. DPPE received the applicant’s SGLV Form 8286 dated 10 Jul 06 to
decline SGLI coverage. The system was updated to reflect her election
effective 28 Jul 06.
DPPE states the change to the SGLI program was extensively advertised and
the member failed to accomplish SGLV Form 8286 within the allotted time
specified in law. DPPE states if the decision is to grant the relief
sought, her record should be corrected to show she elected to decline
coverage under SGLI, effective 1 Sep 05, and the debt owed for SGLI
premiums be removed.
The complete DPPE evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force Evaluation was forwarded to the applicant for
review and comment on 11 Aug 06. As of this date, this office has received
no response (Exhibit D).
_________________________________________________________________
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 probable error or injustice warranting reimbursement for the
applicant’s SGLI premiums deducted from her pay. The applicant indicates
that she should not have been automatically reenrolled and charged SGLI
premiums after initially declining coverage. However, we note that prior
to the enactment of the new SGLI program, it was widely advertised by ARPC
through advertisements, a base newspaper article, and update of the ARPC
website to include detailed instructions on how to decrease or decline
coverage. In view of the foregoing, we believe that Air Force authorities
made every reasonable effort to notify the applicant of the requirements
set forth in Public Law 109-13, and agree with the opinion and
recommendation of the office of primary responsibility and adopt its
rationale as the basis for our conclusion that no basis exists to reimburse
the premiums withheld. Therefore, we do not 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-
02278 in Executive Session on 20 September 2006, under the provisions of
AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Ms. Karen A. Holloman, Member
Mr. Wallace F. Beard Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Jul 06.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ ARPC/DPPE, dated 7 Aug 06, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 11 Aug 06.
MICHAEL J. NOVEL
Panel Chair
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