RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03036
		INDEX NUMBER:  100.03

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

She never signed for, asked for or was informed of the FSGLI.  It is not required for an active duty or retired member and she should have been informed when she applied for her identification card.

She did not request the FSGLI since her spouse was active duty and has since retired and they have no need for the insurance.  She feels that the automatic enrollment is an injustice to her and other service members.

In support of the her appeal, applicant provided copies of DFAS Military Leave and Earnings Statement from July through August 2002.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 5 June 2001, Public Law 107-14, Survivor Benefits Improvement Act of 2001, enacted by President Bush, established an expanded SGLI program to provide spouse and/or children coverage 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 declined coverage.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPS recommends the application be denied.  Applicant’s unit of assignment states the change was extensively publicized throughout the unit.  It was announced through the unit’s monthly newsletter, The Buckeye Flyer, and was sent to all assigned members.  The October/December 2001 newsletter had information about the FSGLI changes.  It was sent to the applicant’s current address.

DPS states that there is no written evidence the applicant completed the Family Servicemembers’ Group Life Insurance (FSGLI) election statement.  If the decision is to grant the relief sought, the applicant’s record should be corrected to show that she elected to withdraw coverage under FSGLI, effective 1 Nov 01.

The HQ ARPC/DPS evaluation, with attachment, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 25 October 2002 for review and response.  As of this date, no response has been received by this office (Exhibit C).

_________________________________________________________________

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.  The implementing guidance stipulated that members eligible for SGLI would have coverage extended to family members beginning 1 Nov 01.  Spouses and children would automatically be covered if the military member was an SGLI participant.  The member could decline spouse coverage if submitted in writing.  We have thoroughly reviewed the circumstances surrounding the applicant’s appeal and find no evidence that she was not aware of the change to Public Law 107-14 regarding Family SGLI coverage.  The Wing monthly newsletter, sent to the applicant’s address, contained information regarding the FSGLI changes.  It was the applicant’s responsibility to make a new election or to refuse this benefit.  There is no evidence that the applicant executed a new election certificate declining coverage.  Based on this, we find no basis to favorably consider her request for reimbursement of the FSGLI premiums deducted for coverage during this period.  

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 02-03036 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 22 Aug 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPS, dated 22 Oct 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Oct 02.