RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00229
INDEX CODE: 128.14
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reimbursed for the amount of Family Servicemembers’ Group Life
Insurance (FSGLI) deducted from his pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was unaware that his military spouse was eligible for the insurance plan
until 31 July 2002, at which time he signed an SGLV Form 8286A declining
coverage. His commander and the Finance Department informed him that all
funds would be refunded to members not requesting coverage. Declination
was made prior to any funds being deducted.
In support of his appeal, the applicant provided SGLV Form 8286A (Family
Coverage Election), dated 31 July 2002, and Leave and Earnings Statements
for the periods 1-31 August 2002, 1-30 September 2002, and 1-31 October
2002.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Air Force in the grade of master
sergeant.
On 5 June 2001, the President signed into law approving 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 prior to 31 December 2001.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPW recommended denial. They indicated that it is their opinion that
the Kessler Air Force Base leadership took adequate steps as directed to
inform all members of this new program and that the applicant had adequate
time between 1 November 2001 and 31 December 2001 to make an election
decision. Additionally, the applicant did not provide any documentation to
indicate that he was not aware of this change and his responsibility to
make an election decision. In accordance with public law, the applicant’s
spouse was insured for $100,000 for the period 1 November 2001 through 31
July 2002. Had his spouse become a fatality during this period, the
proceeds of the $100,000 coverage would have been paid to him IAW 38 U.S.C
1970.
The evaluation, with attachment, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 7 March 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 an error or injustice warranting relief. It is the Board’s
opinion, that there was some confusion in the FSGLI program regarding
military married to another military member. The applicant has established
to our satisfaction that he did not receive proper counseling regarding
this program which resulted in his being charged for FSGLI premiums for his
active spouse from 1 November 2001 through 31 August 2002. In addition, it
appears that the premiums for FSGLI were not deducted from his pay each
month, thereby, denying him the opportunity to cancel the coverage.
Therefore, in view of the foregoing, we recommend his records be corrected
to the extent indicated below.
_________________________________________________________________
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 November 2001, he executed an
SGLV Form 8286A, Family Servicemembers’ Group Life Insurance (FSGLI)
Election Certificate, declining any and all coverage, effective 1 November
2001.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2003-
00229 in Executive Session on 25 July 2003, under the provisions of AFI 36-
2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. Edward H. 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 13 January 2003, w/atchs.
Exhibit B. Letter, AFPC/DPW, dated 4 March 2003, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 7 March 2003.
JOSEPH G. DIAMOND
Panel Chair
AFBCMR BC-2002-00229
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 November 2001, he
executed an SGLV Form 8286A, Family Servicemembers’ Group Life Insurance
(FSGLI) Election Certificate, declining any and all coverage, effective 1
November 2001.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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