RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-04021
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he declined coverage for the Family
Servicemember’s Group Life Insurance (FSGLI) program since its
inception on 1 October 2001, for his wife and children, and cancel all
outstanding balances relating to this program.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was never informed, nor did he enroll in the FSGLI program. He was
placed in the program without his knowledge or his authorization. He
learned of this situation in September 2003.
In support of his request, the applicant provided a personal
statement, a copy of SGLV Form 8286A, Family Coverage Election,
Servicemember’s Information, and several SGLI Premium Notice Letters.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Air Force Reserves in the
grade of major. On 20 November 2003, the applicant declined FSGLI
coverage on SGLV 8286A, Family Coverage Election. A letter from
AFRPO/FMFQ-P, dated 18 September 2003, indicates a debt balance in the
amount of $354 for FSGLI.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPS recommends denial. 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. An article was included in the
November/December 2001 issue of the Air Force Reserve Personnel Update
and again in the May/June 2001 issue. The ARPC website had
information about the changes, along with instructions on what to do
if you wanted decreased coverage or wished to decline coverage. In
addition, information was posted on the “Above & Beyond” ARPC website.
They conclude there has been no evidence of any injustice towards the
member.
ARPC/DPS complete evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states that the ARPC/DPC advisory opinion is unfair and
unacceptable. He feels that it is not his responsibility to ensure
that ARPC/DPSSE accomplishes its tasking with accuracy and timeliness.
He believes that due to their poor organization they allowed him to
be enrolled into an insurance program that he never knew existed, was
never directly contacted on, never signed for or gave his permission
to be enrolled in such a program, he never received a declination form
so that he could decline coverage, and he never received a billing
statement that showed a balance was due to family coverage.
He concludes by saying that he was required to sign and submit
paperwork to enroll in SGLI and doesn’t understand why he was not
required to sign to enroll his family in the FSGLI. He states that he
should not be legally or financially held responsible for un-enrolling
from a program that he never enrolled his family into from the start.
He believes the problem and fault rests with DPSSE and their lack of
time and manpower to keep members directly informed. Advertising
campaigns via newspapers and the internet are not a valid method of
informing members of mandatory and involuntary enrollment into a
benefit program. Two-way direct communication and verification are
what is required legally and as a courtesy to Reservist.
His complete submission, with attachments, is at Exhibit D.
_________________________________________________________________
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 he
paid from November 2001 to November 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-
04021 in Executive Session on 6 August 2004, 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 20 Nov 03, w/atchs.
Exhibit B. Letter, ARPC/DPS, dated 30 Dec 03.
Exhibit C. Letter, SAF/MRBR, dated 9 Jan 04.
Exhibit D. Letter, Applicant, dated 20 Jan 04.
JOSEPH G. DIAMOND
Panel Chair
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 | 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-2003-01347
He sent in payments marking out family coverage but this was not sufficient to cancel. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPW recommends denial of the request and states the applicant claims he never has been notified of the automatic family coverage. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the...
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-2002-03642
_________________________________________________________________ APPLICANT CONTENDS THAT: She submitted an SGFLV 8386A declining spouse coverage. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPS states that all members of the Participating Individual Ready Reserve were notified concerning the new law and declination procedures in August and October 2001. We took notice of the applicant's complete submission in judging the merits of the...
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...
AF | BCMR | CY2003 | BC-2003-00351
In support of his application, the applicant submits a personal statement; a copy of his Family Coverage Election form, dated 19 October 2002; and a copy of his leave and earnings statement, dated 22 January 2003. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPS recommends the application be denied. DPS states the applicant was sent a letter to his home address in New Orleans explaining the new FSGLI coverage.
_________________________________________________________________ STATEMENT OF FACTS: Title 38 U.S.C., Section 1965(5)(B) and Section 1967(a) states that a member who is assigned to a participating position shall be automatically insured under SGLI for an automatic coverage for $250,000, unless the member reduces or declines coverage. They indicated that Title 38 U.S.C., Section 1965(5)(B) and Section 1967(a) states that a member who is assigned to a participating position shall...
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-2003-03710
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03710 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be reimbursed for the Family Servicemembers’ Group Life Insurance (FSGLI) premiums deducted from his pay. He states that had he seen the FSGLI premiums being deducted from his pay, he would have taken action to decline coverage. ...