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AF | BCMR | CY2002 | BC-2002-03584
Original file (BC-2002-03584.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2002-03584

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

Although he declined coverage in June 2001, the insurance was  restarted  on
23 August 2001 because of the  increase  in  coverage  to  $250,000.00.   In
November 2001, he was charged for FSGLI  and  never  elected  to  carry  the
insurance.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in the grade  of
staff sergeant.

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 his spouse.

_________________________________________________________________





AIR FORCE EVALUATION:

ARPC/DPS recommends the application be denied and states, in part, that  the
applicant’s June 2001 declination was not  applicable  since,  according  to
law, he needed to again decline coverage on 1 November  2001  to  ensure  he
did not accrue a debt.

The ARPC/DPS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 20 December 2002, for review and response.  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 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.  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-2002-03584
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 3 Nov 02.
      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.




            JOSEPH G. DIAMOND
            Panel Chair

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