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.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She never signed for, asked for or was informed of the FSGLI. It is
not required for an active duty or retired member and she should have
been informed when she applied for her identification card.
She did not request the FSGLI since her spouse was active duty and has
since retired and they have no need for the insurance. She feels that
the automatic enrollment is an injustice to her and other service
members.
In support of the her appeal, applicant provided copies of DFAS
Military Leave and Earnings Statement from July through August 2002.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 5 June 2001, Public Law 107-14, Survivor Benefits Improvement Act
of 2001, enacted by President Bush, established an expanded SGLI
program to provide spouse and/or children coverage 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
declined coverage.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPS recommends the application be denied. Applicant’s unit of
assignment states the change was extensively publicized throughout the
unit. It was announced through the unit’s monthly newsletter, The
Buckeye Flyer, and was sent to all assigned members. The
October/December 2001 newsletter had information about the FSGLI
changes. It was sent to the applicant’s current address.
DPS states that there is no written evidence the applicant completed
the Family Servicemembers’ Group Life Insurance (FSGLI) election
statement. If the decision is to grant the relief sought, the
applicant’s record should be corrected to show that she elected to
withdraw coverage under FSGLI, effective 1 Nov 01.
The HQ ARPC/DPS evaluation, with attachment, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 25
October 2002 for review and response. As of this date, no response
has been received by this office (Exhibit C).
_________________________________________________________________
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. The implementing guidance
stipulated that members eligible for SGLI would have coverage extended
to family members beginning 1 Nov 01. Spouses and children would
automatically be covered if the military member was an SGLI
participant. The member could decline spouse coverage if submitted in
writing. We have thoroughly reviewed the circumstances surrounding
the applicant’s appeal and find no evidence that she was not aware of
the change to Public Law 107-14 regarding Family SGLI coverage. The
Wing monthly newsletter, sent to the applicant’s address, contained
information regarding the FSGLI changes. It was the applicant’s
responsibility to make a new election or to refuse this benefit.
There is no evidence that the applicant executed a new election
certificate declining coverage. Based on this, we find no basis to
favorably consider her request for reimbursement of the FSGLI premiums
deducted for coverage during this period.
_________________________________________________________________
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 AFBCMR Docket Number 02-
03036 in Executive Session on 12 December 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 22 Aug 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ ARPC/DPS, dated 22 Oct 02, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 25 Oct 02.
JOSEPH G. DIAMOND
Panel Chair
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