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AF | BCMR | CY2003 | BC-2003-01532
Original file (BC-2003-01532.doc) Auto-classification: Denied


                            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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