RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00134
INDEX CODE: 128.14
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be reimbursed for the amount of Family Servicemembers’ Group Life
Insurance (FSGLI) deducted from her pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Beginning in November 2001 through October 2003 she was charged for Family
Servicemembers’ Group Life Insurance (FSGLI) for her husband who was
serving on active duty in the United States Army. She indicates the
deductions were in four payments of $68.00 beginning on 15 November 2003.
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
staff sergeant effective and with a date of rank (DOR) of 1 March 2003.
On 5 June 2001, the President signed into law approving Public Law 107-14,
which was the enabling legislation for the FSGLI program. FSGLI, which was
implemented Department of Defense (DOD) wide on 1 November 2001, made it
possible for servicemembers to take out low cost insurance on their spouse
for up to $100,000 (premium charged) and $10,000 life insurance for
dependent children (no cost) through the Office of Servicemembers’ Group
Life Insurance. The law mandated that coverage for spouses (to include
military married to military couples) and dependent children automatically
go into effect on the date of implementation so long as the member was
insured under the Servicemembers’ Group Life Insurance (SGLI) program.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPW recommended denial. 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. Had the applicant’s spouse become a fatality during this
period, the proceeds of the $100,000 coverage would have been paid to her
in accordance with 38 U.S.C. 1970. To date, the applicant has not declined
FSGLI coverage in writing, but she was notified by their office by
telephone on 2 February 2004 of her responsibility to do so to prevent
future premium deductions.
The evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 20 February 2004, 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 Board is persuaded the applicant
had adequate time between 1 November and 31 December 2001 to make an
election decision. She did not provide any documentation to indicate that
she was not aware of this change. The applicant indicates she was on
maternity leave in November 2001 and no one in her squadron was briefed
regarding the FSGLI. Other than her own assertions, she presents
insufficient evidence to support her assertion. It appears that while the
applicant was stationed at a GSU, the information regarding the new program
was sent to the applicant’s unit and was well publicized at Fort Hood,
where the applicant was stationed. In addition, information regarding the
program was included on Leave and Earning Statements commencing in August
2001. In view of the foregoing, the applicant has not established to our
satisfaction that she was unaware of the new program and her responsibility
to decline coverage if she did not want her spouse covered We note to
date, the applicant has still not declined FSGLI coverage in writing, even
though she was notified by HQ AFPC/DPW by telephone on 2 February 2004, of
her responsibility to do so to prevent future premium deductions.
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-2004-
00134 in Executive Session on 20 April 2004, under the provisions of AFI 36-
2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. Edward H. Parker, Member
Mr. Jackson A. Hauslein, Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 January 2004, w/atch.
Exhibit B. Letter, AFPC/DPW, dated 13 February 2004, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 20 February 2004.
JOSEPH G. DIAMOND
Panel Chair
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