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AF | BCMR | CY2003 | BC-2003-00830
Original file (BC-2003-00830.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00830
            INDEX CODE:  100.03

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be reimbursed the Family Servicemembers’  Group  Life  Insurance
(FSGLI) premiums deducted from his pay.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He and his military spouse declined additional coverage on 2 Dec 01
while attending their monthly reserve drills.  His spouse was  also
charged for several months, but she was able to locate  her  signed
SGLV form and her premiums were refunded.  Since he does not get  a
Leave and Earnings Statement (LES) each month, he was not aware  of
the error until his wife attended her annual tour and received  her
refund.  At the recommendation of the military personnel flight  he
completed another form.

In support of his appeal, applicant submitted a copy  of  his  SGLV
Form 8286A, dated 12 Nov 02; a  copy  of  his  spouse’s  SGLV  Form
8286A, dated 2 Dec 01; copies of his LESs for the periods 8 Nov and
29 Nov 02; and a copy of an excerpt  of  a  memo  from  the  Chief,
Casualty Services Branch.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 5 June 2001, Public Law 107-14,  Survivor  Benefits  Improvement
Act of 2001, established an expanded SGLI program 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.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPS reviewed this application and recommended denial.  They
state applicant claims he was not notified of the automatic  family
coverage.   All  members  of  the  Participating  Individual  Ready
Reserve (PIRR) were notified concerning the new law and declination
procedures in October  01.   HQ  ARPC  extensively  advertised  the
change  to  the  program.   An  article   was   included   in   the
November/December 2001 issue of the Air  Reserve  Personnel  Update
(ARPU).  HQ ARPC’s website had information about the change,  along
with instructions on what to do if you wanted decreased coverage or
wished to decline  coverage.   Notifications  were  mailed  to  the
applicant’s  current  mailing  address.   He  declined   FSGLI   on
13 Nov 02, which became effective Dec 02;  the  first  day  of  the
following month the election was declined.  The applicant owes  for
family coverage from 1 Nov 01 through 1 Nov 02  in  the  amount  of
$280 prior to his declination.

A complete copy of the evaluation, with attachments, is at  Exhibit
C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterated his original contention  and  gave  a  further
explanation of the circumstances surrounding his declination of the
FSGLI.  His MPF could not find  a  copy  of  his  letter  declining
coverage.  At their suggestion, he signed  another  one  using  the
date he actually signed the second one since he had no way to prove
he had signed the first one.

Applicant’s complete response is 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.  The  implementing
guidance stipulated that  members  eligible  for  SGLI  would  have
coverage extended to family members  beginning  1 Nov 01.   Spouses
and children would automatically be covered if the military  member
was an SGLI participant.  The member could decline spouse  coverage
if  submitted  in  writing.   We  have  thoroughly   reviewed   the
circumstances  surrounding  the  applicant’s  appeal  and  find  no
evidence that he was not aware of the change to Public  Law  107-14
regarding Family SGLI 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.  It  was
the applicant’s responsibility to make a new election or to  refuse
this benefit.  Other than his own assertions, the applicant has not
provided  corroborative  evidence  that  he  executed  an  election
certificate declining coverage prior to Nov 02.  Based on this,  we
find no basis to favorably consider his request  for  reimbursement
of the FSGLI premiums deducted for coverage during this period.

___________________________________________________________________

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 AFBCMR Docket  Number
BC-2003-00830 in Executive Session  on  25  July  2003,  under  the
provisions of AFI 36-2603:

      Mr. Joseph G. Diamond, Panel Chair
      Mr. Edward Parker, Member
      Mr. Jackson Hauslein Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Feb 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPS, dated 4 Apr 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Apr 03.
    Exhibit E.  Letter, Applicant, dated 3 May 03, w/atchs.




                                   JOSEPH G. DIAMOND
                                   Panel Chair

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