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AF | BCMR | CY2003 | BC-2003-00127
Original file (BC-2003-00127.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00127
            INDEX CODE:  128.14

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be changed to show he declined Family Servicemembers’ Group
Life Insurance (FSGLI) coverage, and he be reimbursed for the premiums
deducted from his pay in January, February, March, April, May and June
2002.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 17 January 2002, he signed up  for  a  Servicemembers’  Group  Life
Insurance (SGLI) premium of $200,000.  His  February  2002  Leave  and
Earning Statement (LES) indicated a SGLI premium of $250,000.

On 26 June 2002, his July 2002 LES indicated a $54 deduction to  cover
FSGLI premiums for the previous 6 months.  His  January  2002  through
July 2002 LES did not show any FSGLI deductions.  If his LES statement
would have indicated FSGLI deductions, he  would  have  been  able  to
decline the insurance a lot earlier rather than after the fact.

These discrepancies led to a total deduction of $58 from his pay,  and
he would like to be reimbursed.

In support of the appeal, applicant submits a  personal  statement,  a
copy of his SGLV 8286A  Form,  Servicemembers’  Group  Life  Insurance
Election and Certificate, and copies of seven LES statements.

Applicant's complete submission,  with  attachments,  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:

AFPC/DPW states that they recommend denial of applicant’s request.  It
is their opinion that the Kunsan Air  Base  leadership  took  adequate
steps as directed to inform all members of this new program.

A complete copy of the evaluation, with  attachment,  is  attached  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 2 May 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.    Sufficient relevant evidence has been presented  to  demonstrate
the  existence  of  error   or   injustice   warranting   relief   for
reimbursement of FSGLI payments from 1 January to 30 June 2002.  After
reviewing the evidence of record, we note that the premiums for  FSGLI
were not deducted from the applicant’s pay on a monthly  basis  during
the period in question.  Since the applicant took immediate action  to
terminate FSGLI coverage upon receiving notification that the premiums
were being deducted from his pay,  we  believe  it  is  reasonable  to
assume  that  the  applicant  was  not  provided   proper   counseling
concerning this program when at the time he elected to participate  in
the SGLI program.  Based on the evidence of record and in an effort to
offset any possibility of an injustice, we  recommend  his  record  be
corrected in the following manner.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 1 January 2002,  he
executed an SGLV Form 8286A, Family Member Servicemembers’ Group  Life
Insurance (FSGLI) Election and Certificate,  declinging  any  and  all
coverage.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 25 July 2003, under the  provisions  of  AFI  36-
2603:

                  Mr. Joseph G. Diamond, Panel Chair
                  Mr. Edward Parker, Member
              Mr. Jackson Hauslein, Jr., Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 6 Jan 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPW, dated 4 Apr 03, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 2 May 03.




                                   JOSEPH G. DIAMOND
                                   Panel Chair


AFBCMR BC-2003-00127
INDEX CODE:  128.4




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to, be corrected to show that on 1 January 2002, he
executed an SGLV Form 8286A, Family Member Servicemembers’ Group Life
Insurance (FSGLI) Election and Certificate, declining any and all
coverage.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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