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AF | BCMR | CY2002 | BC-2002-02897
Original file (BC-2002-02897.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2002-02897

            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.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She did not understand her active duty  spouse,  who  is  covered  by  SGLI,
could also have coverage under FSGLI.

In support of the appeal, the applicant  submits  a  copy  of  her  election
declining coverage.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a Reservist serving on active duty in the  grade  of  staff
sergeant (E-5).

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 8 July 2002, the applicant completed an SGLV 8286A, electing  to  decline
FSGLI coverage for her spouse.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPS recommends the application be denied,  and  states  in  part,  that
there is no evidence  that  an  injustice  occurred.   All  members  of  the
Participating Individual Ready Reserve (PIRR) were notified  concerning  the
new law and declination procedures in August and October of 2001.

The ARPC/DPS evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  25
October 2002 for review and comment, within 30 days.  However,  as  of  this
date, this office has received no response.

_________________________________________________________________

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.  No evidence has been submitted showing that  the  applicant  declined
coverage during the month of November 2001.   The  applicant  contends  that
although she did receive notification of the coverage by mail, she  did  not
understand that her active duty spouse could also have  coverage  under  the
FSGLI.  However,  the  letter  provided  to  reservists  by  ARPC  regarding
updated information on expanded  SGLI  coverage  clearly  stated,  “Military
married to military members will also incur  the  costs  of  premiums.”   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  02-02897  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 6 Sep 02, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPS, dated 22 Oct 02, w/atchs.
      Exhibit D.  Letter, SAF/MRBR, dated 25 Oct 02.
      Exhibit E.  Letter, Applicant, undated.




            JOSEPH G. DIAMOND
            Panel Chair

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