RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00486
INDEX CODE: 128.14
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reimbursed for the amount of Servicemembers’ Group Life Insurance
(SGLI) deducted from his pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He is in a Reserve Category E status (non-pay), and as such, was not
receiving Leave and Earning Statements (LES). When he started receiving
the statements last July 2002, he noticed the $140.00 bill he accumulated
because of the new SGLI program. He indicates that he did not know of the
program and has been trying to stop it from accumulating since he
discovered the error.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Air Force Reserve in the grade of
major.
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:
ARPC/DPS recommended denial. They indicated that the applicant claims he
was not notified of the automatic coverage, nor did he give any approval
for deductions. The applicant was sent a letter concerning the new law,
during the month of August 2001, to his mailing address. The letter
contained detailed instructions on the new policy. The applicant’s prior
approval was not necessary to be enrolled in the program. According to the
Defense Manpower Data Center, the applicant terminated his SGLI and FSGLI
on 31 October 2002. The applicant owes $240.00 for coverage from 1
November 2001 to 31 October 2002.
The evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
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. Insufficient relevant evidence has been presented to demonstrate the
existence of an error or an injustice. We took notice of the applicant's
complete submission in judging the merits of the case; however, we agree
with the opinion and recommendation of the Air Force and adopt their
rationale as the basis for our conclusion that the applicant has not been
the victim of an error or injustice. The applicant had adequate time
between 1 November and 31 December 2001 to make an election decision. He
did not provide any documentation to indicate that he was not aware of this
change. In accordance with public law, the applicant’s spouse was insured
for $100,000 for the period 1 November 2001 - 31 October 2002. Had the
applicant’s spouse become a fatality during this period, the proceeds of
the $100,000 coverage would have been paid to her IAW the new law.
Therefore, in the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of an error or an 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 AFBCMR Docket Number BC-2003-
00486 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
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 February 2003, w/atchs.
Exhibit B. Letter, AFPC/DPS, dated 28 February 2003, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 7 March 2003.
JOSEPH G. DIAMOND
Panel Chair
AF | BCMR | CY2003 | BC-2003-01708
Had he been made aware that he would be charged for an insurance coverage he did not want or need he would have never enrolled them in the program. 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. They indicated that the applicant was sent a letter concerning the new law.
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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. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPS recommends the application be denied, and states, in part, that there is no record of the...
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The coverage, by law, was automatic unless the member declined the coverage. However, as of this date, no response has been received by this office. _________________________________________________________________ The following members of the Board considered Docket Number BC-2003-01378 in Executive Session on 2 December 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...
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They indicated that Air Force leadership took adequate steps to inform all members of this new program and that the applicant had adequate time prior to his deployment to make an election decision. In accordance with public law, although premiums had not yet been deducted from his pay, the applicant’s spouse was insured for $100,000 for the period 1 November 2001 through 31 May 2003. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE...
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The coverage, by law, was automatic unless the member declined the coverage. On 31 October 2002, the applicant completed an SGLV 8286A, electing to decline FSGLI coverage for her spouse. 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.
AF | BCMR | CY2002 | BC-2002-03584
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. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPS recommends the application be denied and states, in part, that the applicant’s June 2001...
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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. In accordance with public law, the applicant’s spouse was insured for $100,000 for the period 1 November 2001 through 31 July 2002. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be...
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