RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-03779
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 did not receive notice of the automatic family coverage and does not
need this coverage.
In support of his request, the applicant submits a copy of his last Leave
and Earnings Statement. The applicant’s complete submission, with
attachment, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a member of the Air Force Reserve, with 21 years and 10
months of satisfactory Federal service. He is currently serving in the
grade of master sergeant (E-7), with an effective date and date of rank of
1 Sep 01.
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
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 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 GA address.
Applicant declined FSGLI on 30 Nov 02, which became effective Dec 02, the
first day of the following month the election was declined. Applicant owes
for family coverage from 1 Nov 01 until 30 Nov 02 in the amount of $384.00
prior to his declination. 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-2002-03779.
Exhibit A. DD Form 149, dated 22 Nov 02, w/atch.
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
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-2002-03609
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. 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...
AF | BCMR | CY2003 | BC-2002-03610
_________________________________________________________________ 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. Applicant’s complete submission is at Exhibit A. 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.
AF | BCMR | CY2002 | BC-2002-03036
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03036 INDEX NUMBER: 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. The coverage, by law, was automatic for all members of the Armed Forces who had a spouse and/or children, unless the...
AF | BCMR | CY2003 | BC-2002-03642
_________________________________________________________________ APPLICANT CONTENDS THAT: She submitted an SGFLV 8386A declining spouse 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. We took notice of the applicant's complete submission in judging the merits of the...
AF | BCMR | CY2003 | BC-2002-02460
They indicate that according to their records, the applicant has not declined his FSGLI coverage, nor is there any evidence submitted which indicates any injustice occurred. A complete copy of the evaluation is at Exhibit B. 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...
AF | BCMR | CY2003 | BC-2003-01532
The applicant declined FSGLI and SGLI on 30 January 2003. The letter further informed the applicant he had until 1 November 2001 to elect or decline the coverage. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC- 2003-01532 in Executive Session on 25 July 2003, under the provisions of AFI 36-2603: Mr. Joseph G. Diamond, Panel Chair Mr. Jackson Hauslein, Jr., Member Mr. Edward Parker, Member The following...
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.
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 | CY2004 | BC-2003-04021
_________________________________________________________________ APPLICANT CONTENDS THAT: He was never informed, nor did he enroll in the FSGLI program. HQ Air Reserve Personnel Center (ARPC) Entitlements sent a letter on the expanded SGLI coverage to all Reservists clearly explaining the program and extensively advertised the changes to the program. They conclude there has been no evidence of any injustice towards the member.