Search Decisions

Decision Text

AF | BCMR | CY2002 | BC-2002-02212
Original file (BC-2002-02212.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 02-02212

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reimbursed for the Family Member Servicemembers’ Group Life  Insurance
(FSGLI) premiums deducted from his pay during the period from  January  2002
through April 2002.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He never received proper notification that  FSGLI  applied  to  active  duty
military members with an active duty spouse who were already  covered  under
SGLI.

In support of the appeal, the applicant submits  copies  of  his  Leave  and
Earnings Statements (LESs) and his spouse’s LES.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant and his spouse are serving on active  duty  in  the  grade  of
colonel.

On 5 June 2001, Public Law 107-14, established the FSGLI  program  that  was
implemented on 1 November 2001, making it  possible  for  servicemembers  to
provide up to $100,000 coverage for their spouse and  $10,000  coverage  for
their dependent children through the Office of  Servicemembers’  Group  Life
Insurance.

On 26 February 2002, the applicant completed  an  SGLV  8286A,  electing  to
decline FSGLI coverage for his spouse.

_________________________________________________________________





AIR FORCE EVALUATION:

AFPC/DPW recommends the application be denied, and  states,  in  part,  that
adequate steps were taken to inform all members of  the  new  program.   The
applicant had adequate time between 1 November 2001 and 31 December 2001  to
make an election, and has not provided any documentation  to  indicate  that
he was not aware of the change.

The AFPC/DPW evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that the evaluation fails to address why the Air  Force
classified his spouse as a dependent for SGLI  purposes  when  in  no  other
situation, at any other time in their 23 years of marriage  did  it  do  so.
Furthermore, Public Law 107-14 does not address military couples.

In further support of the appeal,  the  applicant  submits  copies  of  news
articles.

The applicant’s complete submission, with attachments, is at Exhibit E.

_________________________________________________________________

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  established  the  FSGLI
program that was implemented on 1 November  2001,  making  it  possible  for
servicemembers to provide up to  $100,000  coverage  for  their  spouse  and
$10,000  coverage  for  their  dependent  children  through  the  Office  of
Servicemembers’ Group Life Insurance.  The coverage, by law,  was  automatic
for all members of the Armed  Forces  who  had  a  spouse  and/or  children,
unless the member declined coverage.  Members who did  not  desire  coverage
had to complete an election declining coverage during the month of  November
2001.  The applicant contends that he  never  received  proper  notification
that FSGLI applied to active duty  military  members  with  an  active  duty
spouse who were already  covered  under  SGLI.   However,  beginning  on  19
October 2001, his base newspaper, the Space Observer, contained  an  article
entitled, Family Member SGLI Coverage is  Automatic  as  of  Nov.  1,  which
clearly stated, “The SGLI program does  not  make  the  distinction  between
spouses who are military members themselves and those who  are  not.   Thus,
military members married to military  members  will  also  be  automatically
enrolled  Nov.  1.”   No  evidence  has  been  submitted  showing  that  the
applicant  declined  coverage  during  the  month  of  November  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  02-02212  in
Executive Session on 12 December 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 30 Jun 02, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPW, dated 26 Aug 02, w/atchs.
      Exhibit D.  Letter, SAF/MRBR, dated 30 Aug 02.
      Exhibit E.  Letter, Applicant, dated 23 Sep 02, w/atchs.




             JOSEPH G. DIAMOND
                                  Panel Chair

Similar Decisions

  • AF | BCMR | CY2002 | BC-2002-02213

    Original file (BC-2002-02213.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-02213 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: She be reimbursed for the Family Member Servicemembers’ Group Life Insurance (FSGLI) premiums deducted from her pay during the period from 1 November 2001 through 28 February 2002. The applicant’s complete submission is at Exhibit A. On 5 June 2001,...

  • AF | BCMR | CY2003 | BC-2003-00665

    Original file (BC-2003-00665.doc) Auto-classification: Denied

    On 5 June 2001, Public Law 107-14 established the FSGLI program that was implemented on 1 November 2001, making it possible for servicemembers to provide up to $100,000 coverage for their spouse and $10,000 coverage for their dependent children through the Office of Servicemembers’ Group Life Insurance. The applicant married an active duty member of the Army on 2 August 2001. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPW recommends the...

  • AF | BCMR | CY2002 | BC-2002-02897

    Original file (BC-2002-02897.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPS recommends the application be denied, and states in part, that there is no evidence that an injustice occurred. The coverage, by law, was automatic for all members of the Armed Forces who had a spouse and/or children, unless the member declined coverage. _________________________________________________________________ The following members of the Board considered Docket Number 02-02897...

  • AF | BCMR | CY2003 | BC-2002-03709

    Original file (BC-2002-03709.doc) Auto-classification: Denied

    Apparently, Mountain Home AFB had failed to enter a code in their records to show joint spouse and exemption from SGLI spouse coverage. There is no declination statement in the member’s record. No premiums were deducted from her pay until she arrived at Laughlin AFB in September 2002.

  • AF | BCMR | CY2003 | BC-2003-00179

    Original file (BC-2003-00179.doc) Auto-classification: Denied

    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. _________________________________________________________________ The following members of the Board considered Docket Number BC-2003-00179 in Executive Session on 25 July 2003, under the provisions of AFI 36-2603: Mr. Joseph G. Diamond, Panel Chair Mr. Jackson A. Hauslein,...

  • AF | BCMR | CY2003 | BC-2003-00176

    Original file (BC-2003-00176.doc) Auto-classification: Denied

    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. _________________________________________________________________ The following members of the Board considered Docket Number BC-2003-00176 in Executive Session on 25 July 2003, under the provisions of AFI 36-2603: Mr. Joseph G. Diamond, Panel Chair Mr. Jackson A. Hauslein,...

  • AF | BCMR | CY2004 | BC-2004-00134

    Original file (BC-2004-00134.doc) Auto-classification: Denied

    They indicated Air Force leadership took adequate steps to inform all members of this new program and the applicant had adequate time to make an election decision. In accordance with public law, although premiums had not yet been deducted from her pay, the applicant’s spouse was insured for $100,000 for the period 1 November 2001 to present. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did...

  • AF | BCMR | CY2003 | BC-2003-01779

    Original file (BC-2003-01779.doc) Auto-classification: Denied

    _________________________________________________________________ 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...

  • AF | BCMR | CY2004 | bc-2003-03316

    Original file (bc-2003-03316.doc) Auto-classification: Denied

    The coverage, by law, was automatic unless the member declined the coverage. In September 2003, he completed an SGLV 8286A, electing to decline FSGLI coverage for his spouse. _________________________________________________________________ The following members of the Board considered Docket Number BC-2003-03316 in Executive Session on 20 April 2004, under the provisions of AFI 36-2603: Mr. Joseph G. Diamond, Panel Chair Mr. Jackson A. Hauslein, Member Mr. Edward H. Parker, Member The...

  • AF | BCMR | CY2003 | BC-2003-03710

    Original file (BC-2003-03710.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03710 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be reimbursed for the Family Servicemembers’ Group Life Insurance (FSGLI) premiums deducted from his pay. He states that had he seen the FSGLI premiums being deducted from his pay, he would have taken action to decline coverage. ...