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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