RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2002-03546

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

She be reimbursed for the Family Servicemembers’ Group Life Insurance (FSGLI) premiums deducted from her pay from 1 November 2001 through 31 October 2002.

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APPLICANT CONTENDS THAT:

She was never notified that she was eligible or automatically enrolled in the FSGLI, and was unaware of the requirement to decline enrollment.

The applicant states that she was in transmit from an Individual Mobilization Augmentee (IMA) position at Robins AFB, Georgia, and never received any correspondence at her last duty station.  If the deduction had started in November 2001, she would have cancelled it at that time.

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is currently serving as an IMA in the Air Force Reserve.
 
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.  The coverage, by law, was automatic unless the member declined the coverage.

On 31 October 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.  ARPC/DPS states, in part, that ARPC extensively advertised the change to the program.  In addition, an article was included in the November/December 2001 issue of the Air Reserve Personnel Update and 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.  Furthermore, all members of the Participating Individual Ready Reserve (PIRR) were notified concerning the new law and declination procedures in August and October 2001.

The ARPC/DPS evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

She returned to the United States from Germany on 8 August 2001 and her husband had been reassigned to Robins AFB, Georgia.  It is possible that she did not receive the information.  However, if she did receive it, she may have misunderstood that it was something she needed to decline, since there is no other insurance that is offered in that way.  Nevertheless, since she was not charged the insurance a month at a time, she never had another opportunity to decline the insurance until they charged her for the entire debt in one payment almost a year later.

The applicant’s complete response, with attachment, is at Exhibit E.

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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 she did not receive any correspondence and was unaware of the requirement to decline enrollment.  However, all members of the Participating Individual Ready Reserve (PIRR) were notified concerning the new law and declination procedures in August and October 2001.  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 BC-2002-03546 in Executive Session on 15 April 2003, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

The following documentary evidence was considered:

   	Exhibit A.  DD Form 149, dated 16 Oct 02, w/atch.
  	Exhibit B.  Applicant's Master Personnel Records.
  	Exhibit C.  Letter, ARPC/DPS, dated 2 Dec 02, w/atchs.
  	Exhibit D.  Letter, SAF/MRBR, dated 20 Dec 02.
	Exhibit E.  Letter, Applicant, dated 2 Mar 03, w/atch.