RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-03642
INDEX CODE: 100.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her record be changed to show she declined Family Servicemembers’
Group Life Insurance (FSGLI) coverage, premiums charged refunded and
she be relieved of any obligation to pay any charges incurred.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She submitted an SGFLV 8386A declining spouse coverage. She
resubmitted the same request in October 2002. She should not have
been charged at all. Second, if she was subject to the premiums they
should have been taken out at the times of her tours and not all at
once.
In support of the appeal, applicant submits a personal statement, a
copy of her SGLV Form 8286A, Family Coverage Election, declining
coverage, a copy of her SGLV Form 8286, Servicemembers’ Group Life
Insurance Election and Certificate, 5 AF Forms 40A, Record of
Individual Inactive Duty Training, 2 AF Forms 938, Request and
Authorization for Active Duty Training/Active Duty Tour, and 5 DFAS
Forms 702, Defense Finance and Accounting Service Military Leave and
Earning Statement. Applicant's complete submission is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 5 June 2001, 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 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:
ARPC/DPS states that all members of the Participating Individual Ready
Reserve were notified concerning the new law and declination
procedures in August and October 2001. Applicant’s notifications were
mailed to: 3974 Windy Bluff Ct., Dayton, OH 45440. Headquarters,
Air Reserve Personnel Center extensively advertised the change to the
program. An article was included in the November/December 2001 issue
of the Air Reserve Personnel Update. 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. The applicant
declined FSGLI on 19 September 2002 which became effective October
2002; the first day of the following month the election was declined.
Therefore, they recommend denial of applicant’s request.
A complete copy of the evaluation is attached at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 17 January 2003, a 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.
_________________________________________________________________
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
and adopt their rationale as the basis for the 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 this application 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 11 Nov 02, w/atchs.
Exhibit B. Letter, ARPC/DPS, dated 3 Jan 03, w/atchs.
Exhibit C. Letter, AFBCMR, dated 17 Jan 03.
JOSEPH G. DIAMOND
Panel Chair
AF | BCMR | CY2002 | BC-2002-03546
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. 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.
AF | BCMR | CY2002 | BC-2002-02897
_________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPS recommends the application be denied, and states in part, that there is no evidence that an injustice occurred. 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. _________________________________________________________________ The following members of the Board considered Docket Number 02-02897...
AF | BCMR | CY2003 | BC-2002-03371
_________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPS states the applicant alleges she declined SGLI coverage in March 2000 and again in April 2002, however, since the law was not effective until 1 November 2001, her March 2000 declination was not applicable and she needed to decline the coverage again on 1 November 2001 to ensure that she had not incurred a debt. Insufficient relevant evidence has been presented to demonstrate the existence of...
AF | BCMR | CY2003 | BC-2002-03449
_________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPS states that they do not have a copy of the December declination in their files, nor is there one in her personnel records. As of this date, no response has been received by this office. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or...
AF | BCMR | CY2002 | BC-2002-03584
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. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPS recommends the application be denied and states, in part, that the applicant’s June 2001...
AF | BCMR | CY2003 | BC-2003-00615
_________________________________________________________________ APPLICANT CONTENDS THAT: She changed Reserve status from inactive to active, Category E on 23 September 2002, but she did not receive a notification to update her SGLV 8286 until late November or early December 2002. She received her bill and was charged for September through December 2002 for spouse coverage. _________________________________________________________________ The following members of the Board considered...
AF | BCMR | CY2003 | BC-2003-00179
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. _________________________________________________________________ The following members of the Board considered Docket Number BC-2003-00179 in Executive Session on 25 July 2003, under the provisions of AFI 36-2603: Mr. Joseph G. Diamond, Panel Chair Mr. Jackson A. Hauslein,...
AF | BCMR | CY2003 | BC-2003-00830
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. His MPF could not find a copy of his letter declining coverage. HQ ARPC extensively advertised the change to the program, including an article in the Air Reserve Personnel Update, and the notifications sent to the applicant’s address contained information regarding the FSGLI changes.
AF | BCMR | CY2003 | BC-2003-00351
In support of his application, the applicant submits a personal statement; a copy of his Family Coverage Election form, dated 19 October 2002; and a copy of his leave and earnings statement, dated 22 January 2003. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPS recommends the application be denied. DPS states the applicant was sent a letter to his home address in New Orleans explaining the new FSGLI coverage.
_________________________________________________________________ STATEMENT OF FACTS: Title 38 U.S.C., Section 1965(5)(B) and Section 1967(a) states that a member who is assigned to a participating position shall be automatically insured under SGLI for an automatic coverage for $250,000, unless the member reduces or declines coverage. They indicated that Title 38 U.S.C., Section 1965(5)(B) and Section 1967(a) states that a member who is assigned to a participating position shall...