RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02473
		INDEX NUMBER:  137.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His record be changed to show he declined Family Servicemembers’ Group Life Insurance (FSGLI) coverage, the premiums charged be cancelled, and he be relieved of any obligation to pay any charges incurred.

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APPLICANT CONTENDS THAT:

He is a Category E reservist assigned to a Civil Air Patrol unit.  He is not tied to a base and does not have access to military publications such as the Air Force Times, etc.  This past winter he contacted the SGLI office numerous times to request they continue to send him receipts for his individual SGLI premiums so that he could ensure that those bills were paid and up to date.  Each time he called they ensured him that they were sending him the receipts and they confirmed that they had the correct address.  He didn’t receive any receipts from February 2001 until May 2002.  When he finally began receiving receipts again this May he noticed that he was signed up for family insurance.  He has since canceled this insurance.  He never received any correspondence regarding this new insurance.  As a Civil Air Patrol Reserve Assistance Program (CAPRAP) participant, he is not involved with a normal military squadron and thus has no way of knowing about this new policy of being volunteered for new insurance.  He has canceled this insurance in good faith and does not feel that he should be obligated to pay for it since he was unaware of being volunteered for it.

The applicant provided no evidence in support of his appeal.  His submission is at Exhibit A.

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STATEMENT OF FACTS:

All members of the Participating Individual Ready Reserve (PIRR) were notified concerning the new law and declination procedures, in August and October 2001.  Applicant’s notifications were mailed to    .  Applicant declined SGLI on 25 July 2002, which became effective August 2002, the first day of the following month the election was declined.

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AIR FORCE EVALUATION:

ARPC/DPS states 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 SGLI program was established to provide spouse and/or children in the event of their death.  The coverage, by law, was automatic for all members of the Armed Forces who had a spouse and/or children, unless the member decline coverage.  Therefore, they recommend denial of applicant’s request.  A complete copy of the evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 11 October 2002, a complete copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office. 

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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of 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 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 material error or 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 this application in Executive Session on 12 December 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Jul 02.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPS, dated 2 Oct 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Oct 02.