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AF | BCMR | CY2003 | BC-2002-03609
Original file (BC-2002-03609.doc) Auto-classification: Denied

                            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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