RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02473
INDEX NUMBER: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His record be changed to show he declined Family Servicemembers’ Group
Life Insurance (FSGLI) coverage, the premiums charged be cancelled,
and he be relieved of any obligation to pay any charges incurred.
________________________________________________________________
APPLICANT CONTENDS THAT:
He is a Category E reservist assigned to a Civil Air Patrol unit. He
is not tied to a base and does not have access to military
publications such as the Air Force Times, etc. This past winter he
contacted the SGLI office numerous times to request they continue to
send him receipts for his individual SGLI premiums so that he could
ensure that those bills were paid and up to date. Each time he called
they ensured him that they were sending him the receipts and they
confirmed that they had the correct address. He didn’t receive any
receipts from February 2001 until May 2002. When he finally began
receiving receipts again this May he noticed that he was signed up for
family insurance. He has since canceled this insurance. He never
received any correspondence regarding this new insurance. As a Civil
Air Patrol Reserve Assistance Program (CAPRAP) participant, he is not
involved with a normal military squadron and thus has no way of
knowing about this new policy of being volunteered for new insurance.
He has canceled this insurance in good faith and does not feel that he
should be obligated to pay for it since he was unaware of being
volunteered for it.
The applicant provided no evidence in support of his appeal. His
submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
All members of the Participating Individual Ready Reserve (PIRR) were
notified concerning the new law and declination procedures, in August
and October 2001. Applicant’s notifications were mailed to .
Applicant declined SGLI on 25 July 2002, which became effective August
2002, the first day of the following month the election was declined.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPS states 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 SGLI program was established to provide
spouse and/or children in the event of their death. The coverage, by
law, was automatic for all members of the Armed Forces who had a
spouse and/or children, unless the member decline coverage.
Therefore, they recommend denial of applicant’s request. A complete
copy of the evaluation, with attachments, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 11 October 2002, a complete copy of the Air Force evaluation was
forwarded to the applicant for review and response within 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
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
office of primary responsibility 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 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 this application in
Executive Session on 12 December 2002, under the provisions of AFI 36-
2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. Edward Parker, Member
Mr. Jackson Hauslein, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Jul 02.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPS, dated 2 Oct 02, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 11 Oct 02.
JOSEPH G. DIAMOND
Panel Chair
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