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AF | BCMR | CY2003 | BC-2002-03610
Original file (BC-2002-03610.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  02-03610
                 INDEX CODE:  100.03
                 COUNSEL:  NONE

                                        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be reimbursed  for  the  Family  Servicemembers’  Group  Life  Insurance
(FSGLI) premiums deducted from her pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was attending basic military training at the time declination  of  FSGLI
needed to be accomplished and had no way of knowing about the new  insurance
coverage or the accruing debt.

In support of the her appeal, applicant provided  copies  of  DFAS  Military
Leave and Earnings Statements for 3 Sep 02 and 6 Sep 02;  and  a  letter  of
explanation from the Squadron NCOIC, Personnel Section.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 5 May 2001, applicant enlisted in the Air National Guard for a period  of
six  years.   On  5  June  2001,  Public  Law  107-14,   Survivor   Benefits
Improvement Act of 2001, established an expanded  SGLI  program  to  provide
spouse and/or children coverage 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 declined coverage.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPS recommends the  application  be  denied.   Applicant’s  unit  of
assignment states that the  applicant  was  in  basic  training  during  the
enrollment period and had no way of knowing about the FSGLI.

However, the Lackland AFB Training  Center  states  that  all  members  were
briefed on insurance by  their  Military  Training  Instructor  as  well  as
during in-processing.

DPS states that the applicant completed  the  Family  Servicemembers’  Group
Life Insurance (FSGLI) election statement declining coverage on  4  Sep  02,
which became effective 1 Oct 02.  If the decision is  to  grant  the  relief
sought, the applicant’s record should be corrected to show that she  elected
to withdraw coverage under FSGLI, effective 1 Nov 01.

The HQ ARPC/DPS evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant   provided   a   personal   statement   further   explaining   the
circumstances surrounding her knowledge of the FSGLI coverage.

Applicant’s complete response 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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  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 the applicant has not  been  the  victim  of  an  error  or  injustice.
Therefore,  in  the  absence  of  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 AFBCMR Docket Number 02-03610
in Executive Session on 15 April 2003, 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:

    Exhibit A.  DD Form 149, dated 19 Sep 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPS, dated 3 Jan 03, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Jan 03.
    Exhibit E.  Letter, Applicant, dated 22 Jan 03.




                                   JOSEPH G. DIAMOND
                                   Panel Chair

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