Search Decisions

Decision Text

AF | BCMR | CY2003 | BC-2003-02747
Original file (BC-2003-02747.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02747
            INDEX CODE:  128.14

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He never requested FSGLI and  did  not  received  proper  notification  that
automatic enrollment would take  place.   When  the  program  began  he  was
deployed to CENTCOM (December 2001 through March 2002).  It took  18  months
for automatic enrollment to take place, be back dated, and collected.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade  of
master sergeant.

On 5 June 2001, the President signed into law approving Public  Law  107-14,
Survivor Benefits Improvement Act of 2001.  Within the context of  the  law,
the expanded SGLI program was established 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 prior to 31 December 2001.

_________________________________________________________________






AIR FORCE EVALUATION:

AFPC/DPW recommended denial.  They indicated that Air Force leadership  took
adequate steps to inform all members  of  this  new  program  and  that  the
applicant had adequate time prior to his  deployment  to  make  an  election
decision.  In accordance with public law,  although  premiums  had  not  yet
been deducted from his pay, the applicant’s spouse was insured for  $100,000
for the period 1 November 2001 through 31 May  2003.   Had  the  applicant’s
spouse become a fatality during this period, the proceeds  of  the  $100,000
coverage would have been paid to him IAW 38 U.S.C.

The evaluation, with attachment, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 October 2003, a copy of the Air Force evaluation was forwarded to  the
applicant for review and response within 30  days.   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 an 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  had  adequate  time
between 1 November and 31 December 2001 to make an  election  decision.   He
did not provide any documentation to indicate that he was not aware of  this
change.  In accordance with public law, the applicant’s spouse  was  insured
for $100,000 for the  period  1 November  2001  -  31  May  2003.   Had  the
applicant’s spouse become a fatality during this  period,  the  proceeds  of
the $100,000 coverage  would  have  been  paid  to  her  IAW  the  new  law.
Therefore,  in  the  absence  of  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 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-
02747 in Executive Session on 2 December 2003, under the provisions  of  AFI
36-2603:

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

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 21 July 2003, w/atch.
   Exhibit B.  Letter, AFPC/DPW, dated 7 October 2003, w/atch.
   Exhibit C.  Letter, SAF/MRBR, dated 17 October 2003.




                       JOSEPH G. DIAMOND
                       Panel Chair



Similar Decisions

  • AF | BCMR | CY2004 | BC-2004-01474

    Original file (BC-2004-01474.doc) Auto-classification: Denied

    Applicant’s complete submission, with attachments, is at Exhibit A. On 2 December 2003, the applicant completed an SGLV 8286A declining FSGLI coverage. In accordance with public law, although premiums had not yet been deducted from her pay, the applicant’s spouse was insured for $100,000.00 for the period 1 November 2001 through 31 December 2003.

  • AF | BCMR | CY2003 | BC-2002-03709

    Original file (BC-2002-03709.doc) Auto-classification: Denied

    Apparently, Mountain Home AFB had failed to enter a code in their records to show joint spouse and exemption from SGLI spouse coverage. There is no declination statement in the member’s record. No premiums were deducted from her pay until she arrived at Laughlin AFB in September 2002.

  • AF | BCMR | CY2004 | BC-2003-02449

    Original file (BC-2003-02449.doc) Auto-classification: Denied

    On 13 June 2003, the applicant declined FSGLI coverage on SGLV 8286A, Family Coverage Election. The applicant’s Leave and Earnings Statement dated for the month of May 2003, indicates a total debt of $360 for FSGLI premiums from 1 November 2001 through 30 April 2003. DPW states that in accordance to public law, although premiums had not yet been deducted from her pay, the applicant’s spouse was insured for $100,000 for the period 1 November 2001 through 30 June 2003.

  • AF | BCMR | CY2003 | BC-2003-00230

    Original file (BC-2003-00230.doc) Auto-classification: Approved

    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 prior to 31 December 2001. In accordance with public law, the applicant’s spouse was insured for $100,000 for the period 1 November 2001 through 31 July 2002. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be...

  • AF | BCMR | CY2003 | BC-2003-00229

    Original file (BC-2003-00229.doc) Auto-classification: Approved

    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 prior to 31 December 2001. In accordance with public law, the applicant’s spouse was insured for $100,000 for the period 1 November 2001 through 31 July 2002. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be...

  • AF | BCMR | CY2004 | BC-2004-00134

    Original file (BC-2004-00134.doc) Auto-classification: Denied

    They indicated Air Force leadership took adequate steps to inform all members of this new program and the applicant had adequate time to make an election decision. In accordance with public law, although premiums had not yet been deducted from her pay, the applicant’s spouse was insured for $100,000 for the period 1 November 2001 to present. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did...

  • AF | BCMR | CY2003 | BC-2003-02783

    Original file (BC-2003-02783.doc) Auto-classification: Denied

    The coverage, by law, was automatic for all members of the Armed Forces who had a spouse or child(ren), unless the member declined coverage. Although premiums had not yet been deducted from her pay, the applicant’s spouse was insured for $100,000 for the period 1 November 2001 - 30 June 2003. 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 office of primary responsibility and...

  • AF | BCMR | CY2003 | BC-2003-02974

    Original file (BC-2003-02974.doc) Auto-classification: Approved

    _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the Air Force evaluation and stated despite what the OTS personnel stated she had provided the Board with only information she was given regarding the SGLI program. She states that had she seen the FSGLI premiums being deducted from her pay, she would have taken action to decline coverage. _________________________________________________________________ THE...

  • AF | BCMR | CY2003 | BC-2003-01708

    Original file (BC-2003-01708.doc) Auto-classification: Denied

    Had he been made aware that he would be charged for an insurance coverage he did not want or need he would have never enrolled them in the program. Within the context of the law, the expanded SGLI program was established to provide spouse and/or children coverage in the event of their death. They indicated that the applicant was sent a letter concerning the new law.

  • AF | BCMR | CY2003 | BC-2003-00106

    Original file (BC-2003-00106.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-00106 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be reimbursed for Family Servicemember’s Group Life Insurance (FSGLI) premiums he paid for the period of 1 August 2002 through 31 January 2003. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPW...