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
AF | BCMR | CY2004 | BC-2004-01474
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
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
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
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
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
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
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
_________________________________________________________________ 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
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
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...