R44RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  02-03610
			INDEX CODE:  100.03
			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.

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APPLICANT CONTENDS THAT:

She was attending basic military training at the time declination of FSGLI needed to be accomplished and had no way of knowing about the new insurance coverage or the accruing debt.  

In support of the her appeal, applicant provided copies of DFAS Military Leave and Earnings Statements for 3 Sep 02 and 6 Sep 02; and a letter of explanation from the Squadron NCOIC, Personnel Section.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 5 May 2001, applicant enlisted in the Air National Guard for a period of six years.  On 5 June 2001, Public Law 107-14, Survivor Benefits Improvement Act of 2001, 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.

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AIR FORCE EVALUATION:

HQ ARPC/DPS recommends the application be denied.  Applicant’s unit of assignment states that the applicant was in basic training during the enrollment period and had no way of knowing about the FSGLI.

However, the Lackland AFB Training Center states that all members were briefed on insurance by their Military Training Instructor as well as during in-processing.  

DPS states that the applicant completed the Family Servicemembers’ Group Life Insurance (FSGLI) election statement declining coverage on 4 Sep 02, which became effective 1 Oct 02.  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 C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided a personal statement further explaining the circumstances surrounding her knowledge of the FSGLI coverage.

Applicant’s complete response 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.  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 AFBCMR Docket Number 02-03610 in Executive Session on 15 April 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Sep 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPS, dated 3 Jan 03, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Jan 03.
    Exhibit E.  Letter, Applicant, dated 22 Jan 03.