RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00968
INDEX CODE: 128.14
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reimbursed for the amount of Servicemembers’ Group Life
Insurance (SGLI) deducted from his pay beginning in October 2001.
_________________________________________________________________
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 B).
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPS recommended denial. They indicated that on 5 June 2001,
President Bush passed Public Law 107-14, Survivor Benefits Improvement
Act of 2001. Within the context of the law, the Expanded
Servicemembers’ Group Life Insurance program was established to
provide spouse and/or children coverage in the event of their death.
The coverage is automatic for all members of the Armed Forces who have
a spouse and/or children. Members who did not want FSGLI coverage had
to decline coverage, prior to 31 December 2001, in order not to be
charged under the program.
The applicant states he has not participated since June 2001, due to
heart surgery, and was never notified of the FSGLI program. He also
states he did not return to duty until January 2002. The applicant
was restricted from any pay or point gaining reserve activities
according to his AF Form 422, Physical Profile Serial Report.
Although the applicant was ineligible to perform duty, he was still
assigned to the unit in a participating position and was eligible for
the insurance. It was stated by the applicant’s physician, who
submitted his remarks on a SF 502 Narrative Summary (Clinical Resume),
that “the applicant presented feeling quite well during his follow-up
appointment in October 2001.” He also stated the applicant was back
to work without physical restrictions.
The 440th Mission Support Squadron (440 MSS), General Mitchel
International Airport-Air Reserve Station, Milwaukee, WI, was
contacted on 6 May 2001, to verify 440 MSS’s procedures for notifying
members of the law change. According to personnel at the 440 MSS, a
detailed letter was sent to all members’ addresses, as shown on the
440 MSS Alpha Roster dated 3 August 2001, in the month of October 2001
notifying them of the law change. The applicant’s current address is
the same as when the letter was sent in October 2001. The applicant
did not elect to decline coverage for FSGLI until 2 January 2002.
There has been no evidence of any injustice towards the applicant.
If the decision is to grant the relief sought, the applicant’s record
should be corrected to show he elected to withdraw coverage under
FSGLI, effective 31 December 2001.
The evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 24 May 2002, a copy of the Air Force evaluation was forwarded to
the applicant for review and response within thirty (30) days. 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 an error or an 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 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 an error or an 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 02-
00968 in Executive Session on 24 July 2002 under the provisions of AFI
36-2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. Edward H. Parker, Member
Mr. Jackson A. Hauslein, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 March 2002, w/atchs.
Exhibit B. Letter, HQ ARPC/DPS, dated 14 May 2002, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 24 May 2002.
JOSEPH G. DIAMOND
Panel Chair
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