RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01651
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
She be reimbursed premiums for Family Servicemembers Group Life Insurance (FSGLI) from 1 Mar 11 through 1 Apr 14.
APPLICANT CONTENDS THAT:
She and her spouse were active duty and never elected to receive this coverage.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 23 Jun 09.
On 19 Jul 14, the applicant was furnished an honorable discharge and was credited with 5 years and 27 days of active service.
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. 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 On 2 Jan 13, Public Law 112-239, repealed the automatic enrollment of FSGLI spouse coverage for members of the uniformed services who are married to another member of the uniformed service (Mil-to-Mil); however, the marriage has to have occurred on or after 2 Jan 13 for this provision to apply. The applicant and her spouse were married on 16 Feb 11 and full coverage was therefore automatically established under the provisions of the law in effect at that time. Furthermore, the applicant is not eligible for reimbursement of premiums because she did not complete the SGLV 8286A, Spouse Coverage Election and Certificate, declining FSGLI until 8 Apr 14.
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-2014-01651 in Executive Session on 28 Jan 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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