ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03709
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be reimbursed for the Family Servicemembers’ Group Life Insurance
(FSGLI) premiums deducted from her pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her husband is on active duty in the Air Force and when the FSGLI was
implemented, they were led to believe that they were not part of the
automatic coverage. This was further justified when the nine-dollar fee
never showed up on their Leave and Earnings Statements (LESs). When they
completed a Permanent Change of Station (PCS), the fee showed up with
retroactive charges. Apparently, their losing base had failed to enter the
proper code to show them as joint spouse and exempt from the program. The
PCS uncovered the mistake (Exhibit A).
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of captain.
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.
On 7 October 2002, the applicant completed an SGLV 8286A, electing to
decline FSGLI coverage for her spouse.
The Board considered her request on 15 April 2003. The Board found
insufficient evidence of an error or injustice and denied the application.
For an accounting of the facts and circumstances surrounding the
application, and the rationale of the earlier decision by the Board, see
the Record of Proceedings at Exhibit F.
On 25 July 2003, the Board considered a similar request by the applicant’s
spouse and granted his application. For an accounting of the facts and
circumstances surrounding the application, and the rationale of the earlier
decision by the Board, see the Record of Proceedings at Exhibit G.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After thoroughly reviewing the evidence
of record and noting the applicant’s complete submission, we believe she
may have been misled regarding her FSGLI eligibility. In this respect, we
note that although the applicant was automatically enrolled in the FSGLI,
based on her failure to decline coverage during the month of November 2001,
premiums were not initially deducted from her pay. Since her LES indicated
that FSGLI premiums were not being deducted from her pay, we believe she
was led to believe that she was not enrolled in the FSGLI. She states that
had she seen the FSGLI premiums being deducted from her pay, she would have
taken action to decline coverage. Therefore, we recommend the applicant’s
records be corrected to the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that she filed a Family Coverage
Election, SGLV - 8286A, on 1 November 2001, declining coverage for her
spouse and that she be authorized reimbursement of the overcharged
premiums.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2002-03709
in Executive Session on 2 February 2004, under the provisions of AFI 36-
2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. Jackson A. Hauslein, Member
Mr. Edward H. Parker, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit F. Record of Proceedings, dated 5 May 03, w/atchs.
Exhibit G. Record of Proceedings, BC-2002-03710, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 21 Feb 03.
JOSEPH G. DIAMOND
Panel Chair
AFBCMR BC-2002-03709
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that she filed a Family
Coverage Election, SGLV - 8286A, on 1 November 2001, declining coverage for
her spouse and that she be authorized reimbursement of the overcharged
premiums.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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