Search Decisions

Decision Text

AF | BCMR | CY2002 | BC-2002-02473
Original file (BC-2002-02473.doc) Auto-classification: Denied

                       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


Similar Decisions

  • AF | BCMR | CY2002 | 0200107

    Original file (0200107.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-00107 INDEX CODE 100.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Servicemembers’ Group Life Insurance (SGLI) election for “NO” coverage, dated 10 February 1999, be honored and he be reimbursed for the monthly premiums deducted from his pay for SGLI coverage of $250,000 since 1 April 2001. The...

  • AF | BCMR | CY2003 | BC-2002-03609

    Original file (BC-2002-03609.doc) Auto-classification: Denied

    The remaining 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 at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: HQ ARPC/DPS recommends the application be denied. 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. DPS states...

  • 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 | CY2002 | BC-2002-03036

    Original file (BC-2002-03036.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03036 INDEX NUMBER: 100.03 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: She be reimbursed for the Family Servicemembers’ Group Life Insurance (FSGLI) premiums deducted from her pay. The coverage, by law, was automatic for all members of the Armed Forces who had a spouse and/or children, unless the...

  • AF | BCMR | CY2003 | BC-2003-00351

    Original file (BC-2003-00351.doc) Auto-classification: Denied

    In support of his application, the applicant submits a personal statement; a copy of his Family Coverage Election form, dated 19 October 2002; and a copy of his leave and earnings statement, dated 22 January 2003. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPS recommends the application be denied. DPS states the applicant was sent a letter to his home address in New Orleans explaining the new FSGLI coverage.

  • AF | BCMR | CY2003 | BC-2002-03449

    Original file (BC-2002-03449.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPS states that they do not have a copy of the December declination in their files, nor is there one in her personnel records. As of this date, no response has been received by this office. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or...

  • AF | BCMR | CY2003 | BC-2002-03371

    Original file (BC-2002-03371.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPS states the applicant alleges she declined SGLI coverage in March 2000 and again in April 2002, however, since the law was not effective until 1 November 2001, her March 2000 declination was not applicable and she needed to decline the coverage again on 1 November 2001 to ensure that she had not incurred a debt. Insufficient relevant evidence has been presented to demonstrate the existence of...

  • AF | BCMR | CY2003 | BC-2003-00442

    Original file (BC-2003-00442.doc) Auto-classification: Denied

    She filed another declination form effective 15 January 2003. She finds it incredible that anyone, including the government, would take out a life insurance policy on her and her family without her knowledge or consent and then expect her to pay the expense. The ARPC website also had information about the change, with instructions regarding what to do if the member wanted to decrease coverage or wished to decline.

  • AF | BCMR | CY2003 | BC-2002-03779

    Original file (BC-2002-03779.doc) Auto-classification: Denied

    The remaining 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 at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: HQ ARPC/DPS recommends the application be denied. 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. As of this...

  • AF | BCMR | CY2002 | BC-2002-03546

    Original file (BC-2002-03546.doc) Auto-classification: Denied

    The coverage, by law, was automatic unless the member declined the coverage. On 31 October 2002, the applicant completed an SGLV 8286A, electing to decline FSGLI coverage for her spouse. 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.