RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00894
		INDEX CODE:  128.14

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

She be reimbursed for the amount of Servicemembers’ Group Life Insurance (SGLI) deducted from her pay beginning in April 2001.

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APPLICANT CONTENDS THAT:

She declined SGLI when she joined the Reserves in 1997.

In support of her appeal, the applicant provided a DFAS Form 702, Defense Finance and Accounting Service Military Leave and Earnings Statement.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Section 312 Public Law 106-419, 1 November 2000, was enacted by President Clinton raising the amount of coverage under the SGLI from $200,000 to $250,000.  Under the provisions of this law, every eligible member of the Participating Individual Ready Reserve (PIRR) was automatically covered, regardless of any prior election.  The provision also stated that within the month of April 2001, any PIRR member could elect to withdraw or reduce their coverage without being charged $20 per month for the maximum coverage of $250,000.

On 5 June 2001, President Bush passed Public Law 107-14, Survivor Benefits Improvement Act of 2001.  Within the context of the law, the FSGLI program was established to provide spouse and/or children coverage in the event of their death.  The coverage, by law, is automatic for all members of the Armed Forces who have a spouse and/or children, unless the member declines coverage.

On 6 March 2002, the applicant completed an SGLV Form 8286 declining coverage 

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AIR FORCE EVALUATION:

ARPC/DPS recommended denial.  They indicated that Headquarters, Air Reserve Personnel Center (ARPC) extensively advertised the change to the program.  An article was included in the January/February 2001 issue of the Air Reserve Personnel Update (ARPU) and again in the May/June 2001 issue.  These updates were mailed to the member at her home address, according to correspondence received from personnel in the Public Affairs Office at ARPC.  The ARPC website had information about the change, along with instructions on what to do if you wanted decreased coverage or wished to decline coverage.  An update about the change to the program was printed on the February 2001 Leave and Earning Statement (LES).  In addition, information was posted on the “Above & Beyond” ARPC website.

The applicant was sent two separate notices concerning the new law, during the months of August and October 2001, to her mailing address.  The letter contained instructions on how to decline or reduce coverage for FSGLI.  In addition to the letters, articles were published in the September/October and November/December 2001 Air Reserve Personnel Update explaining the change to the program.  This update is mailed to all Individual Mobilization Augmentees (IMAs) at their home address.  The ARPC website also had information about the change, along with instructions on what to do if you want decreased coverage or wished to decline coverage.  The applicant was enrolled in SGLI, therefore, her prior approval was not necessary to be enrolled in the program.  

If the decision is to grant the relief sought, the member’s record should be corrected to show that she elected to withdraw coverage under SGLI, effective 1 April 2001.

The evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and provided a response, which is at Exhibit D.

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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.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket Number 02-00894 in Executive Session on 24 July 2002 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 7 March 2002, w/atch.
   Exhibit B.  Letter, ARPC/DPS, dated 3 June 2002, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 17 May 2002.
   Exhibit D.  Letter, Applicant, dated 29 May 2002.