RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01378
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that he declined Family Servicemembers’
Group Life Insurance (FSGLI) coverage and he be reimbursed for the premiums
deducted from his pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He changed his marital status from single to married with the Military
Personnel Flight (MPF) on 11 January 2003, and declined FSGLI coverage at
that time. However, he received a 12 March 2003 Leave and Earnings
Statement, indicating that $78.00 had been deducted from his pay to cover
to insurance premium debt. He did not want the insurance and did not
realize it was going to be retroactive to the date of his marriage.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Air Force Reserve in the grade of
master 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.
In October 2001, the applicant married and his spouse automatically covered
under the FSGLI.
On 12 January 2003, the applicant completed an SGLV 8286A, electing to
decline FSGLI coverage for his spouse, and his coverage was terminated
effective 1 February 2003.
_________________________________________________________________
AIR STAFF EVALUATION:
ARPC/DPS recommends the application be denied and states, in part, that
during the period the applicant was assigned to Wright Patterson AFB,
information concerning the changed to the SGLI were published in the base
newspaper. Furthermore, ARPC extensively advertised the change to the
program. He has provided no evidence which indicates an injustice
occurred.
The ARPC/DPS evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 30 May
2003, for review and response within 30 days. However, as of this date, no
response has been received by this office. In addition, on 2 July 2003, he
was advised that he had not indicated when he was married or provided a
copy of his marriage liscense and/or marriage certificate.
_________________________________________________________________
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. In the applicant’s case, he married in October 2001 and no evidence
has been submitted showing that he declined coverage during the month of
November 2001. He contends that he was never notified of the automatic
familiy coverage under the SGLI. However, 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-2003-01378
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 evidence was considered:
Exhibit A. DD Form 149, dated 14 Mar 03, w/atchs.
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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