RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-03609
INDEX CODE: 128.00
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Applicant requests that his record be changed to show he declined Family
Servicemembers’ Group Life Insurance (FSGLI) coverage, he wants premiums
charged cancelled, and he does not believe he is obligated to pay any
charges incurred.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was never informed that his wife was automatically enrolled with life
insurance coverage under SGLI. He was told he should have been given
notice through his Leave and Earnings Statement that coverage started and
he had six months to cancel. He always pays his SGLI coverage annually as
a non-paid category E reservist; therefore, he does not get Leave and
Earnings Statements.
No supporting documents were submitted. The applicant’s complete
submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant’s Total Federal Commissioned Service Date (TFCSD) is 30 May
84. He is a member of the Air Force Reserve, with a total of 18 years, 1
month and 11 days of satisfactory Federal service. He was progressively
promoted to the grade of major, with an effective date and date of rank of
1 Oct 97.
The remaining relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPS recommends the application be denied. DPS states that, on 5
Jun 01, the President approved Public Law 107-14, Survivor Benefits
Improvement Act of 2001. Within the context of the law, the expanded SGLI
program was established to provide spouse and/or children 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 decline
coverage.
DPS states that all members of the Participating Individual Ready Reserve
(PIRR) were notified concerning the new law and declination procedures, in
Aug and Oct 01. Applicant’s notifications were mailed to his Anchorage,
AK, address. Applicant declined FSGLI on 11 Oct 02, which became effective
Nov 02, the first day of the following month the election was declined.
Applicant owes for family coverage from 1 Nov 01 until 31 Oct 02 in the
amount of $156.00 prior to his declination. The Defense Finance and
Accounting Service (DFAS) verified that the applicant never made a payment
for FSGLI and is responsible for the premiums. No evidence has been
submitted to indicate an injustice occurred. A complete copy of the
evaluation, with attachments, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 17 Jan 03, a complete copy of the Air Force evaluation was forwarded to
the applicant for review and response within 30 days. As of this date, no
response has been received by this office (Exhibit D).
________________________________________________________________
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. His contentions are duly noted; however,
we do not find these uncorroborated assertions, in and by themselves
sufficiently persuasive to override the rationale provided by the Air Force
office of primary responsibility. In this respect, we note that
notifications of the new law and declination procedures were mailed to the
applicant’s home address. We therefore agree with the opinion and
recommendation of the Air Force office of primary responsibility and adopt
the rationale expressed as the basis for our decision that the applicant
has failed to sustain his burden that he has suffered either an error or an
injustice. In view of the above and absent evidence to the contrary, we
find no compelling 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 this application in Executive
Session on 15 Apr 03, under the provisions of AFI 36-2603:
Mr. Joseph G. Diamond, Panel Chair
Ms. Brenda L. Romine, Member
Mr. Edward Parker, Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2002-03609.
Exhibit A. DD Form 149, dated 11 Oct 02.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ ARPC/DPS, dated 3 Jan 03, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 17 Jan 03.
JOSEPH G. DIAMOND
Panel Chair
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