RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2002-02897

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

She be reimbursed for the Family Member Servicemembers’ Group Life Insurance (FSGLI) premiums deducted from her pay.

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APPLICANT CONTENDS THAT:

She did not understand her active duty spouse, who is covered by SGLI, could also have coverage under FSGLI.

In support of the appeal, the applicant submits a copy of her election declining coverage.

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is a Reservist serving on active duty in the grade of staff sergeant (E-5).
 
On 5 June 2001, Public Law 107-14, established the FSGLI program that was implemented on 1 November 2001, making it possible for servicemembers to provide up to $100,000 coverage for their spouse and $10,000 coverage for their dependent children through the Office of Servicemembers’ Group Life Insurance.

On 8 July 2002, the applicant completed an SGLV 8286A, electing to decline FSGLI coverage for her spouse.

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AIR FORCE EVALUATION:

ARPC/DPS recommends the application be denied, and states in part, that there is no evidence that an injustice occurred.  All members of the Participating Individual Ready Reserve (PIRR) were notified concerning the new law and declination procedures in August and October of 2001.  

The ARPC/DPS evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 25 October 2002 for review and comment, within 30 days.  However, as of this date, this office has received no response.

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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 error or injustice.  Public Law 107-14 established the FSGLI program that was implemented on 1 November 2001, making it possible for servicemembers to provide up to $100,000 coverage for their spouse and $10,000 coverage for their dependent children through the Office of Servicemembers’ Group Life Insurance.  The coverage, by law, was automatic for all members of the Armed Forces who had a spouse and/or children, unless the member declined coverage.  Members who did not desire coverage had to complete an election declining coverage during the month of November 2001.  No evidence has been submitted showing that the applicant declined coverage during the month of November 2001.  The applicant contends that although she did receive notification of the coverage by mail, she did not understand that her active duty spouse could also have coverage under the FSGLI.  However, the letter provided to reservists by ARPC regarding updated information on expanded SGLI coverage clearly stated, “Military married to military members will also incur the costs of premiums.”  We therefore 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 no basis exists to reimburse the premiums withheld.  Therefore, we find no 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 Docket Number 02-02897 in Executive Session on 12 December 2002, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

The following documentary evidence was considered:

   	Exhibit A.  DD Form 149, dated 6 Sep 02, w/atchs.
  	Exhibit B.  Applicant's Master Personnel Records.
  	Exhibit C.  Letter, AFPC/DPS, dated 22 Oct 02, w/atchs.
  	Exhibit D.  Letter, SAF/MRBR, dated 25 Oct 02.
	Exhibit E.  Letter, Applicant, undated.