RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2002-03584

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

Although he declined coverage in June 2001, the insurance was restarted on 23 August 2001 because of the increase in coverage to $250,000.00.  In November 2001, he was charged for FSGLI and never elected to carry the insurance.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in the grade of staff sergeant.
 
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 his spouse.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPS recommends the application be denied and states, in part, that the applicant’s June 2001 declination was not applicable since, according to law, he needed to again decline coverage on 1 November 2001 to ensure he did not accrue a debt.

The ARPC/DPS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 20 December 2002, for review and response.  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 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.  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. 

_________________________________________________________________

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 Docket Number BC-2002-03584 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 3 Nov 02.
  	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.