RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01532
INDEX CODE: 100.00
APPLICANT COUNSEL: None
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he declined both the Family
Servicemembers’ Group Life Insurance (FSGLI) coverage and
Servicemembers’ Group Life Insurance (SGLI); and the $455.00 debt for
premiums he incurred be removed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has had cardiac problems since August 2001 and has not attended a
Unit Training Assembly (UTA) since that time. He is under a
cardiologist’s care and has not been allowed to return to the reserves
and is pending medical discharge.
He was a new member to his unit and was not familiar with the
processes and channels of the Air Force. He had not been in the
military since 1987 (Marine Corps). He did not realize his SGLI was
steadily accruing until it was too late. He spoke with his unit about
the premiums and was under the impression that it would be taken care
of.
He has been in and out of the hospital and has had many doctor
appointments. He cannot afford to repay the debt.
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. The coverage commenced on 1
November 2001.
_________________________________________________________________
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 notification was mailed to the applicant’s home address. The
applicant declined FSGLI and SGLI on 30 January 2003. The declining
of coverage becomes effective the first day of the following month the
election was declined. ARPC further states they cannot determine with
any certainty, whether or not the applicant was miscounsled when he
spoke to his unit regarding payment of the premiums. There is no
evidence of willful intent to mislead the applicant into thinking he
did not have to pay the insurance premiums. The applicant owes SGLI
and FSGLI premiums for 1 November 2001 through 1 January 2003. 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 SGLI
and FSGLI program on 1 November 2001 and the $455.00 debt be forgiven
and all debts purged from his records.
A complete copy of the Air Force evaluation, with attachments, is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
23 May 2003, for review and response. 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 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. The
applicant’s contentions are duly noted, however, the applicant’s
Mission Support Squadron forwarded a letter to his home address
informing him of the upcoming changes in SGLI and FSGLI. The letter
further informed the applicant he had until 1 November 2001 to elect
or decline the coverage. The applicant has not shown that he 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-
2003-01532 in Executive Session on 25 July 2003, under the provisions
of AFI 36-2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. Jackson Hauslein, Jr., Member
Mr. Edward Parker, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Jan 03, w/atchs.
Exhibit B. Letter, HQ ARPC/DPS, 19 May 03, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 23 May 03.
JOSEPH G. DIAMOND
Panel Chair
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