RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00968
		INDEX CODE:  128.14

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reimbursed for the amount of Servicemembers’ Group Life Insurance (SGLI) deducted from his pay beginning in October 2001.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force (Exhibit B).

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPS recommended denial.  They indicated that on 5 June 2001, President Bush passed Public Law 107-14, Survivor Benefits Improvement Act of 2001.  Within the context of the law, the Expanded Servicemembers’ Group Life Insurance program was established to provide spouse and/or children coverage in the event of their death.  The coverage is automatic for all members of the Armed Forces who have a spouse and/or children.  Members who did not want FSGLI coverage had to decline coverage, prior to 31 December 2001, in order not to be charged under the program.

The applicant states he has not participated since June 2001, due to heart surgery, and was never notified of the FSGLI program.  He also states he did not return to duty until January 2002.  The applicant was restricted from any pay or point gaining reserve activities according to his AF Form 422, Physical Profile Serial Report.  Although the applicant was ineligible to perform duty, he was still assigned to the unit in a participating position and was eligible for the insurance.  It was stated by the applicant’s physician, who submitted his remarks on a SF 502 Narrative Summary (Clinical Resume), that “the applicant presented feeling quite well during his follow-up appointment in October 2001.”  He also stated the applicant was back to work without physical restrictions.

The 440th Mission Support Squadron (440 MSS), General Mitchel International Airport-Air Reserve Station, Milwaukee, WI, was contacted on 6 May 2001, to verify 440 MSS’s procedures for notifying members of the law change.  According to personnel at the 440 MSS, a detailed letter was sent to all members’ addresses, as shown on the 440 MSS Alpha Roster dated 3 August 2001, in the month of October 2001 notifying them of the law change.  The applicant’s current address is the same as when the letter was sent in October 2001.  The applicant did not elect to decline coverage for FSGLI until 2 January 2002.  There has been no evidence of any injustice towards the applicant.

If the decision is to grant the relief sought, the applicant’s record should be corrected to show he elected to withdraw coverage under FSGLI, effective 31 December 2001.

The evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 24 May 2002, a copy of the Air Force evaluation was forwarded to the applicant for review and response within thirty (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.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

_________________________________________________________________

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 02-00968 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 13 March 2002, w/atchs.
   Exhibit B.  Letter, HQ ARPC/DPS, dated 14 May 2002, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 24 May 2002.