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Decision Text

AF | BCMR | CY2013 | BC-2013-01425
Original file (BC-2013-01425.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01425

		COUNSEL:  NONE
	
		HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

She be reimbursed Family Servicemember’s Group Life Insurance (FSGLI) premiums for the period covering 1 Oct 10 to 31 Mar 12, in the amount of $90.00.  

________________________________________________________________

APPLICANT CONTENDS THAT:

She declined FSGLI coverage; however, her paperwork was lost in the military personnel flight (MPF), causing her to have to resubmit her request.  Subsequently, her May 12 Leave and Earning Statement (LES) reflects a retroactive FSGLI deduction, despite her previously declining coverage.  

The 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 senior airman (E-4).  

On 9 Mar 12, a SGLV 8286, Servicemember’s Group Life Insurance Election and Certificate, was initiated by the applicant, electing her mother, her father, and her spouse as Servicemember’s Group Life Insurance (SGLI) beneficiaries.  

On 9 Mar 12, the applicant indicated on a SGLV 8286A, Family Coverage Election and Certificate, part IV, spouse information, “I do not want coverage for my spouse at this time.”  

The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.  

________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPFCS recommends denial, indicating the FSGLI program was implemented Department of Defense (DoD) wide on 1 Nov 01, mandating that coverage for spouses military members (to include military-married-to-military couples) and dependent children automatically go into effect on the date of implementation (or date of marriage) so long as the member was insured under the SGLI program.  In this case, the applicant was married on 8 Oct 10 and the law required automatic coverage of her spouse unless FSGLI coverage was declined in writing using the SGLV 8286A.  The applicant did not decline FSGLI coverage until 9 Mar 12.  In accordance with the Veterans’ Survivor Benefits Improvement Act of 2001 (Public Law 107-14), the applicant’s spouse was insured for $100,000 for the period of 1 Oct 10 to 31 Mar 12 and, had he passed away during this period, the proceeds of the $100,000 policy would have been paid to the applicant.  

A complete copy of the AFPC/DPFCS evaluation is at Exhibit C.  

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 14 Apr 13 for review and comment within 30 days.  As of this date, no response has been received by this office (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.  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 adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.  

________________________________________________________________



THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2012-01425 in Executive Session on 14 Jan 14, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 14 Mar 13, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPFCS, dated 26 Mar 13.
     Exhibit D.  Letter, SAF/MRBR, dated 14 Apr 13.




                                   
                                   Panel Chair

3


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