RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01797
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be reimbursed for premiums deducted from her pay for Family
Servicemen’s Group Life Insurance (FSGLI).
_________________________________________________________________
APPLICANT CONTENDS THAT:
No FSGLI was collected from her pay until 15 May 2003 when 19 months
($380.00) of “debt” was suddenly taken. (Normal SGLI has been
collected regularly). She believes she had declined FSGLI and was not
aware that FSGLI debt was occurring. She did not want her SGLI
payments (deducted from her pay and reflected on her statements). She
did not have an opportunity to correct this error. She did not know
why it suddenly appeared 15 May 2003 at $380.00. She would like this
reimbursed. She has discussed this with her military pay office and
local MPF, and was advised that this is the only route for correcting
this error.
In support of her application, she submits a copy of her (LES).
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Air Force Reserve in the
grade of major.
Applicant’s May LES shows a $380.00 debt.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPS recommended denial. There is no evidence submitted which
indicates any injustice occurred. The applicant claims she was never
notified of the automatic family coverage. 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 applicant’s notifications were
mailed to her current address. Headquarters, Air Reserve Personnel
Center (ARPC) extensively advertised the change to the program. An
article was included in the January/February 2001 issue of the Air
Reserve Personnel Update (ARPU) (Atch 2) and again in the May/June
2001 issue (Atch 3). The ARPC website had information about the
change, along with instructions on what to do if you wanted decreased
coverage or wished to decline coverage (Atch 4). In addition,
information was posted on the “Above & Beyond” ARPC website (Atch 5).
The applicant was enrolled in SGLI; therefore, her prior approval was
not necessary to be enrolled in the program. Spouse and/or children
coverage was automatic, by law, for every participating member of the
Armed Forces.
ARPC/DPS complete evaluation is attached at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 20 June 2003, for review and comment. 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 an error or injustice. After a thorough review of
the evidence of record and applicant’s submission, we are not
persuaded the applicant should be reimbursed for the FSGLI premiums
she paid from November 2001 to May 2003. Applicant’s contentions are
duly noted; however, we do not find these assertions, in and by
themselves, sufficiently persuasive to override the rationale provided
by the office of primary responsibility. We therefore agree with
their recommendation and adopt the rationale expressed as the basis
for our decision that the applicant has failed to sustain his burden
of having suffered either an error or an injustice. In view of the
above and absent persuasive evidence to the contrary, we find no
compelling basis to recommend granting the relief sought.
_________________________________________________________________
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-
01797 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, w/atch.
Exhibit B. Letter, ARPC/DPS, dated 12 Jun 03.
Exhibit D. Letter, SAF/MRBR, dated 20 Jun 03.
JOSEPH G. DIAMOND
Panel Chair
AF | BCMR | CY2003 | BC-2003-00442
She filed another declination form effective 15 January 2003. She finds it incredible that anyone, including the government, would take out a life insurance policy on her and her family without her knowledge or consent and then expect her to pay the expense. The ARPC website also had information about the change, with instructions regarding what to do if the member wanted to decrease coverage or wished to decline.
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 | 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 | CY2004 | BC-2003-04021
_________________________________________________________________ APPLICANT CONTENDS THAT: He was never informed, nor did he enroll in the FSGLI program. HQ Air Reserve Personnel Center (ARPC) Entitlements sent a letter on the expanded SGLI coverage to all Reservists clearly explaining the program and extensively advertised the changes to the program. They conclude there has been no evidence of any injustice towards the member.
AF | BCMR | CY2003 | BC-2002-03610
_________________________________________________________________ APPLICANT CONTENDS THAT: She was attending basic military training at the time declination of FSGLI needed to be accomplished and had no way of knowing about the new insurance coverage or the accruing debt. Applicant’s complete submission is at Exhibit A. DPS states that the applicant completed the Family Servicemembers’ Group Life Insurance (FSGLI) election statement declining coverage on 4 Sep 02, which became effective 1 Oct 02.
AF | BCMR | CY2002 | BC-2002-03546
The coverage, by law, was automatic unless the member declined the coverage. On 31 October 2002, the applicant completed an SGLV 8286A, electing to decline FSGLI coverage for her spouse. 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.
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-2003-01378
The coverage, by law, was automatic unless the member declined the coverage. However, as of this date, no response has been received by this office. _________________________________________________________________ The following members of the Board considered Docket Number BC-2003-01378 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...
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 | CY2003 | BC-2003-00615
_________________________________________________________________ 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 received her bill and was charged for September through December 2002 for spouse coverage. _________________________________________________________________ The following members of the Board considered...