RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01641
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He receive reimbursement for the Family Member Servicemembers
Group Life Insurance (FSGLI) premiums deducted during the period
1 Mar 11 1 Apr 14.
APPLICANT CONTENDS THAT:
He has been charged five dollars a month for the FSGLI during
the period in question; however, he was not made aware of the
discrepancy and misunderstood the purpose of the deductions from
his pay. His spouse is an active duty service member and they
have no dependents. On 10 Apr 14 the applicant submitted the
SGLV 8286A, Servicemembers Group Life Insurance Election and
Certificate, and declined any further coverage.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant served on active duty in the Regular Air Force
from 23 Jun 09 through 19 Jul 14.
The remaining relevant facts pertaining to this application are
contained in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPFC recommends denial indicating there is no evidence of
an error or an injustice. On 5 Jun 01, President Bush signed
the Veterans' Survivor Benefits Improvement Act of 2001 (Public
Law 107-14) into law, which was the enabling legislation for the
FSGLI program. FSGLI, which was implemented DoD-wide on
1 Nov 01, 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. On
2 Jan 13, Public Law 112-239, repealed the automatic enrollment
of FSGLI spouse coverage for members of the uniformed services
who are married to another member of the uniformed services
(Mil-to-Mil); however, the marriage had to have occurred on or
after 2 Jan 13. However, the applicant and his spouse were
married on 16 Feb 11; therefore, coverage was automatic.
Recommend disapproval of the applicant's request for
reimbursement of his FSGLI premiums. The applicant is not
eligible for a reimbursement of premiums because he did not
complete the SGLV 8286A declining FSGLI until 8 Apr 14. The
applicants spouse was insured for $100,000 for the period
16 Feb 11 and until 1 May 14 and benefits would have been paid
during this covered period had the applicants spouse passed
away.
A complete copy of the AFPC/DPFC 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 4 Aug 14 for review and comment within 30 days
(Exhibit D). 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 injustice. We took
notice of the applicants 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
(OPR) and adopt its rationale as the basis for our conclusion
the applicant has not been the victim of an error of injustice.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting the requested relief.
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-2014-01641 in Executive Session on 19 Feb 15, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Apr 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPFC, dated 25 Apr 14.
Exhibit D. Letter, SAF/MRBR, dated 4 Aug 14.
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