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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