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AF | BCMR | CY2003 | BC-2003-00179
Original file (BC-2003-00179.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-00179

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

She be reimbursed  for  the  Family  Servicemembers’  Group  Life  Insurance
(FSGLI) premiums deducted from her pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She declined participation in December 2001; however, it was  never  updated
in the system.  She did not discover this until October 2002, at which  time
she again completed the necessary declination paperwork.

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 11 October 2002, the applicant  completed  an  SGLV  8286A,  electing  to
decline FSGLI coverage for her 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,  the  applicant
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
she declined participation in December 2001; however,  her  records  do  not
reflect  her  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-2003-00179
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 8 May 03, w/atchs.
      Exhibit C.  Letter, SAF/MRBR, dated 16 May 03.




            JOSEPH G. DIAMOND
            Panel Chair

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