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AF | BCMR | CY2002 | BC-2002-03546
Original file (BC-2002-03546.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2002-03546

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

She be reimbursed  for  the  Family  Servicemembers’  Group  Life  Insurance
(FSGLI) premiums deducted from her  pay  from  1 November  2001  through  31
October 2002.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was never notified that she was eligible or  automatically  enrolled  in
the FSGLI, and was unaware of the requirement to decline enrollment.

The  applicant  states  that  she  was  in  transmit  from   an   Individual
Mobilization Augmentee (IMA) position at  Robins  AFB,  Georgia,  and  never
received any correspondence at her last duty station.  If the deduction  had
started in November 2001, she would have cancelled it at that time.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving as an IMA in the Air Force Reserve.

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 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.

_________________________________________________________________


AIR FORCE EVALUATION:

ARPC/DPS recommends the application be denied.  ARPC/DPS  states,  in  part,
that ARPC extensively advertised the change to the  program.   In  addition,
an article was included in the  November/December  2001  issue  of  the  Air
Reserve Personnel Update and the ARPC  website  had  information  about  the
change, along with instructions on  what  to  do  if  you  wanted  decreased
coverage or wished to decline coverage.  Furthermore,  all  members  of  the
Participating Individual Ready Reserve (PIRR) were notified  concerning  the
new law and declination procedures in August and October 2001.

The ARPC/DPS evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

She returned to the United States from Germany on  8  August  2001  and  her
husband had been reassigned to Robins AFB, Georgia.   It  is  possible  that
she did not receive the information.  However, if she did  receive  it,  she
may have misunderstood that it was something she needed  to  decline,  since
there is no other insurance that is  offered  in  that  way.   Nevertheless,
since she was not charged the insurance a month at a  time,  she  never  had
another opportunity to decline the insurance until they charged her for  the
entire debt in one payment almost a year later.

The applicant’s complete response, with attachment, 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.  No evidence has been submitted showing that  the  applicant  declined
coverage during the month of November 2001.   The  applicant  contends  that
she did not receive any correspondence and was unaware  of  the  requirement
to  decline  enrollment.   However,  all  members   of   the   Participating
Individual Ready Reserve (PIRR) were notified concerning  the  new  law  and
declination procedures in August and October 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  BC-2002-03546
in Executive Session on 15 April 2003, 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 16 Oct 02, w/atch.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, ARPC/DPS, dated 2 Dec 02, w/atchs.
      Exhibit D.  Letter, SAF/MRBR, dated 20 Dec 02.
      Exhibit E.  Letter, Applicant, dated 2 Mar 03, w/atch.




            JOSEPH G. DIAMOND
            Panel Chair

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