Search Decisions

Decision Text

AF | BCMR | CY2003 | BC-2002-03779
Original file (BC-2002-03779.doc) Auto-classification: Denied

                            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

Similar Decisions

  • AF | BCMR | CY2003 | BC-2003-00830

    Original file (BC-2003-00830.doc) Auto-classification: Denied

    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

    Original file (BC-2002-03609.doc) Auto-classification: Denied

    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

    Original file (BC-2002-03610.doc) Auto-classification: Denied

    _________________________________________________________________ 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

    Original file (BC-2002-03036.doc) Auto-classification: Denied

    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

    Original file (BC-2002-03642.doc) Auto-classification: Denied

    _________________________________________________________________ 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

    Original file (BC-2002-02460.doc) Auto-classification: Denied

    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

    Original file (BC-2003-01532.doc) Auto-classification: Denied

    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

    Original file (BC-2003-00351.doc) Auto-classification: Denied

    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

    Original file (BC-2003-00615.doc) Auto-classification: Denied

    _________________________________________________________________ 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

    Original file (BC-2003-04021.doc) Auto-classification: Denied

    _________________________________________________________________ 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.