RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00176
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reimbursed for the Family Servicemembers’ Group Life Insurance
(FSGLI) premiums deducted from his pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He declined participation in December 2001; however, his records do not
reflect his declination.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in the grade of
technical sergeant.
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. The coverage, by law, was automatic unless the member declined
the coverage.
On 7 August 2002, the applicant completed an SGLV 8286A, electing to
decline FSGLI coverage for his spouse.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPW recommends the application be denied due to a lack of sufficient
evidence to support the claim. On 18 February 2003, ARPC/DPS sent a letter
to the applicant requesting additional information; however, he did not
respond.
The AFPC/DPW evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on 16 May 2003 for review and response within 30 days. However, as of this
date, this office has received no response.
_________________________________________________________________
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. 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. 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. Members who did not desire coverage
had to complete an election declining coverage during the month of November
2001. No evidence has been submitted showing that the applicant declined
coverage during the month of November 2001. The applicant contends that he
declined participation in December 2001; however, his records do not
reflect his declination. 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. Therefore, we find no 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 Docket Number BC-2003-00176
in Executive Session on 25 July 2003, under the provisions of AFI 36-2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. Jackson A. Hauslein, Member
Mr. Edward H. Parker, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Jan 03, w/atch.
Exhibit B. Letter, AFPC/DPW, dated 12 May 03, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 16 May 03.
JOSEPH G. DIAMOND
Panel Chair
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