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AF | BCMR | CY2003 | BC-2003-01779
Original file (BC-2003-01779.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-01779

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

The applicant makes  no  contentions  and  his  complete  submission  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the grade of technical sergeant.

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.  The coverage, by law, was automatic unless the  member  declined
the coverage.

_________________________________________________________________

AIR STAFF EVALUATION:

AFPC/DPW recommends the application be denied due to a  lack  of  sufficient
evidence to support the claim.  On 18 June 2003, AFPC/DPW sent a  letter  to
the  applicant  requesting  additional  information;  however,  he  did  not
respond.

The AFPC/DPW evaluation, with attachment, is at Exhibit B.

_________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 19 August 2003 for review and response within 30 days.   However,  as  of
this date, this office has received no response.

_________________________________________________________________

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.  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.  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.  Members who did  not  desire  coverage
had to complete an election declining coverage during the month of  November
2001.  No evidence has been submitted  showing  that  he  declined  coverage
during the month of November 2001.  The Air  Force  aggressively  campaigned
to make members aware of the FSGLI program and their benefits,  and  he  has
not provided any documentation to indicate that he  was  not  aware  of  the
change and his responsibility to make an election  decision.   We  therefore
agree with the opinion  and  recommendation  of  the  Air  Force  office  of
primary responsibility and adopt  their  rationale  as  the  basis  for  our
conclusion  that  no  basis  exists  to  reimburse  the  premiums  withheld.
Therefore, we find no basis to recommend granting the relief sought in  this
application.

_________________________________________________________________

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  Docket  Number  BC-2003-01779
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 evidence was considered:

      Exhibit A.  DD Form 149, dated 19 May 03.
      Exhibit B.  Letter, ARPC/DPS dated 14 May 03, w/atchs.
      Exhibit C.  Letter, SAF/MRBR, dated 30 May 03.
      Exhibit D.  Letter, AFBCMR, dated 2 Jul 03.




            JOSEPH G. DIAMOND
            Panel Chair

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