RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00106
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reimbursed for the Family Member Servicemember’s Group Life Insurance
(SGLI) premiums automatically deducted from his pay and the coverage be
terminated.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or unjust and
the evidence submitted in support of the appeal are at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
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 (Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPW recommends the application be denied and states, in part, that the
Luke AFB leadership took adequate steps to inform all members of the
increase in coverage and the applicant had adequate time during the period
1 October through 31 December 2001 to make an election. The applicant did
not provide any documentation to indicate that he was not aware of the
change and his responsibility to make a new election or to refuse the
benefit. Furthermore, in accordance with public law, his spouse was
automatically covered for the period 1 November through 31 December 2001
and he did not complete a new election form until 8 January 2002.
The AFPC/DPW evaluation, with attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 15
March 2002 for review and response within 30 days. However, as of this
date, no response has been received from 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. Public Law 107-14, effective 5 June 2001,
automatically enrolled spouses and eligible dependent children in the
FMSGLI. Members must have taken action in writing to reduce or decline
coverage prior to 31 December 2001, in order to be automatically reimbursed
for premiums charged between 1 November through 31 December 2001. No
evidence has been submitted showing that the applicant declined coverage
during the month of December 2001. We therefore agree with the opinion and
recommendation of the Air Force office of primary responsibility and adopt
their rationale as the basis for our conclusion that no basis exists to
reimburse the premiums withheld. Therefore, 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 Docket Number 02-00106 in
Executive Session on 24 July 2002, under the provisions of AFI 36-2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. Jackson A. Hauslein, Member
Mr. Edward H. Parker, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Jan 02, , w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPW, dated 8 Mar 02, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 15 Mar 02.
JOSEPH G. DIAMOND
Panel Chair
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