RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00615
INDEX CODE: 100.00
APPLICANT COUNSEL: None
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to reflect she declined Family
Servicemember’s Group Life Insurance (FSGLI) coverage; and that she be
granted a refund of the premiums that were deducted for the period
September 2002 through December 2002.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She changed Reserve status from inactive to active, Category E on 23
September 2002, but she did not receive a notification to update her
SGLV 8286 until late November or early December 2002. She submitted
her initial SGLV paperwork in December 2002, in which she elected not
to include coverage for her spouse. She received her bill and was
charged for September through December 2002 for spouse coverage. It
is unjust to charge her for coverage she never intended to take. She
further states she was not eligible for coverage previous to September
2002, and the paperwork wasn’t immediately available to her. She does
not live close to her unit to personally in process. She believes
that for new members, especially Reservists not co-located with their
units, a minimum period of time should be allowed to decline coverage
without requiring payment.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 5 June 2001, Public Law 107-14, Survivor Benefits Improvement Act
of 2001, was passed. The law expanded the SGLI program and was
established to provide spouse and or child 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:
HQ ARPC/DPS states the applicant has not submitted any evidence to
indicate an injustice occurred. The applicant was notified of the
automatic family coverage and the new law and declination procedures.
The notifications were mailed to the applicant’s home address. She
submitted a SGLV 8286A on 27 December 2002 declining FSGLI coverage.
The declining of coverage becomes effective the first day of the
following month the election was declined. According to Defense
Accounting and Finance Services (DFAS), the applicant owes premiums
for family coverage from September through December 2002. They
recommend the member’s request be denied. However, if the Board
favorably considers the applicant’s request, the record should be
changed to reflect the member elected not to participate in the
FSGLI program on 1 November 2001 and the $52.00 debt be forgiven and
all debts purged from her records.
A complete copy of the Air Force evaluation, with attachments, is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and states she was
separated from active duty on 26 July 2001 and according to ARPC the
letters were mailed in August and October 2001, two months after she
was separated. She does not recall receiving the notifications, if
she had she probably dismissed it because she was in the inactive
reserves and not eligible for SGLI. She became eligible to receive
SGLI when her status changed in September 2002. In November 2002, she
was notified to update her emergency data card and SGLI; she complied
in December 2002. When the paperwork was completed, her coverage was
backdated to September 2002, not July 2001.
She further states this injustice is not related to whether or not she
was notified by mail (in 2001) that spousal coverage was an option.
The injustice is that (in 2002, a year later) it took four months for
ARPC to accomplish in processing her paperwork due to the fact that
she is not co-located with her unit and had to complete all her
paperwork via mail; there is no “one-stop” shopping for Individual
Mobilization Augmentees (IMAs). She did not want spousal coverage;
she declined coverage the first opportunity the option was presented
to her and she should not be
required to pay for coverage because ARPC didn’t give her the
paperwork the first day she was eligible for SGLI.
Applicant’s complete response is attached at Exhibit E.
_________________________________________________________________
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. 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.
Applicant’s contention regarding the length of time ARPC took to
process her in-processing paperwork is duly noted; however, had the
applicant’s spouse became a fatality during the contested time period,
the proceeds of the FSGLI coverage would have been paid to her in
accordance with the public law. The applicant has not shown that she
did not have adequate time to decline coverage after being initially
notified of the new law. Therefore, in the absence of evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrates 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-
2003-00615 in Executive Session on 15 April 2003, under the provisions
of AFI 36-2603:
Mr. Joseph G. Diamond, Panel Chair
Ms. Brenda L. Romine, Member
Mr. Edward Parker, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Feb 03, w/atchs.
Exhibit B. Letter, HQ ARPC/DPS, 7 Mar 03, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 21 Mar 03.
Exhibit D. Applicant’s Response, dated 24 Mar 03.
JOSEPH G. DIAMOND
Panel Chair
AF | BCMR | CY2003 | BC-2003-00830
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. His MPF could not find a copy of his letter declining coverage. HQ ARPC extensively advertised the change to the program, including an article in the Air Reserve Personnel Update, and the notifications sent to the applicant’s address contained information regarding the FSGLI changes.
AF | BCMR | CY2002 | BC-2002-02897
_________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPS recommends the application be denied, and states in part, that there is no evidence that an injustice occurred. 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. _________________________________________________________________ The following members of the Board considered Docket Number 02-02897...
AF | BCMR | CY2003 | BC-2002-03642
_________________________________________________________________ APPLICANT CONTENDS THAT: She submitted an SGFLV 8386A declining spouse coverage. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPS states that all members of the Participating Individual Ready Reserve were notified concerning the new law and declination procedures in August and October 2001. We took notice of the applicant's complete submission in judging the merits of the...
AF | BCMR | CY2003 | BC-2003-02260
The Military Personnel Database (MilPDS) indicates the applicant was discharged from the Air Force Reserve effective 15 July 2002 in the grade of technical sergeant (E-6), for completing his term of service. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he executed an SGLV 8286, Servicemen’s Group Life Insurance (SGLI) Election and...
AF | BCMR | CY2004 | BC-2003-02607
In support of her application, the applicant provided a personal statement. Since the applicant declined coverage effective 31 May 2003, and coverage was terminated, it is our opinion that no basis exists to reimburse the premiums withheld for the preceding months. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the...
AF | BCMR | CY2003 | BC-2002-03449
_________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPS states that they do not have a copy of the December declination in their files, nor is there one in her personnel records. As of this date, no response has been received by this office. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or...
AF | BCMR | CY2003 | BC-2002-03371
_________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPS states the applicant alleges she declined SGLI coverage in March 2000 and again in April 2002, however, since the law was not effective until 1 November 2001, her March 2000 declination was not applicable and she needed to decline the coverage again on 1 November 2001 to ensure that she had not incurred a debt. Insufficient relevant evidence has been presented to demonstrate the existence of...
AF | BCMR | CY2003 | BC-2003-00351
In support of his application, the applicant submits a personal statement; a copy of his Family Coverage Election form, dated 19 October 2002; and a copy of his leave and earnings statement, dated 22 January 2003. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPS recommends the application be denied. DPS states the applicant was sent a letter to his home address in New Orleans explaining the new FSGLI coverage.
AF | BCMR | CY2003 | BC-2002-03862
_________________________________________________________________ APPLICANT CONTENDS THAT: In January 2002, she went to the Customer Service Section at the Military Personnel Flight (MPF) in Keflavik, Iceland, to decline the spousal portion of the new FSGLI coverage. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant explained that she did not respond to AFPC/DPW’s request for additional documentation because there was...
AF | BCMR | CY2003 | BC-2003-01797
_________________________________________________________________ APPLICANT CONTENDS THAT: No FSGLI was collected from her pay until 15 May 2003 when 19 months ($380.00) of “debt” was suddenly taken. All members of the Participating Individual Ready Reserve (PIRR) were mailed a letter with information concerning the new law and declination procedures, in August and October 2001 (Atch 1). _________________________________________________________________ THE BOARD DETERMINES THAT: The...