RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00106
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be reimbursed for Family Servicemember’s Group Life Insurance (FSGLI) premiums he paid for the period of 1 August 2002 through 31 January 2003.

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APPLICANT CONTENDS THAT:

He was married on 3 Aug 02 to another military active duty member.  From his Geographically Separated Unit (GSU), he forwarded a copy of his marriage certificate and updated his DD Form 93 to the servicing military personnel flight (MPF) on 30 Sep 02 and 8 Nov 02, respectively.  He was never given the opportunity to decline spousal SGLI coverage from the 88MSS and he was not aware he needed to since she (his spousal) was already covered by SGLI as an active duty Air Force member.  He was only made aware that he was involuntarily forced to pay $9.00 a month when he received his Dec 02 Leave and Earning Statement (LES) (LES, Aug-Dec 02).  He immediately contacted 88MSS and was briefed that he needed to decline SGLI coverage on SGLV 8286A and did so on 2 Jan 03.  However, he was informed that he was still required to pay the premium for Jan 03.  Therefore, he has taken necessary steps to stop SGLO coverage for his spousal and request reimbursement of coverage premiums in the amount of $54.00.  

In support of his request, applicant provided copies of his LES, a copy of SGLV 8286A, letters and emails from --MSS/DPM and DPMPP, and newspaper articles.  

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant is currently serving on active duty in the Air Force in the grade of captain. 

Documents provided by applicant indicate that on 1 Aug 02, Family Servicemembers’ Group Life Insurance was implemented.  Deductions for coverage continued to be taken from his pay until approximately 31 Jan 03.

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AIR FORCE EVALUATION:

AFPC/DPW recommended denial of the applicant’s request and states that it is their opinion that the Wright-Patterson AFB leadership took adequate steps as directed to inform all members of this new program and that the applicant had adequate time between 1 Aug 02 and 31 Jan 03 to make an election decision. Additionally, the applicant did not provide any documentation to indicate he was not aware of this change and his responsibility to make an election.  In accordance with public law, the applicant’s spouse was insured for $100,00 for the period 1 Aug 02 - 31 Jan 03.  Had the applicant’s spouse become a fatality during this period, the proceeds of the $100,000 coverage would have been paid to him IAW 38 U.S.C. 1970.  

AFPC/DPW complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and states that he disagree with AFPC/DPW that he should not be reimbursed for FSGLI premiums between 1 Aug 02 and 31 Jan 03.  He feels that the --MSS should have provided him the option of making a decision for FSGLI after he married, regardless of the media campaign the year before; this is especially true as he was assigned to a GSU.  Please take these matters into consideration when making a decision on his case.  Applicant has submitted copies of DD Form 149, --MSS/DPMPS, letter, dated 8 Nov 02, --MSS/DPMAR, Martial Status Change Checklist, dated 5 Nov 02 and SAF/MRBR, letter, dated 21 Feb 03.  

Applicant’s complete response, with attachments, 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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting relief.  It is the Board’s opinion, that there was some confusing in the FSGLI program regarding military married to another military member.  The applicant has established to our satisfaction that he did not receive proper counseling regarding this program which resulted in him being charged for FSGLI premiums for his active duty spouse from 1 August 2002 through  31 January 2003.  Therefore, in view of the foregoing, we recommend his records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he executed an SGLV Form 8286A, Family Servicemen’s Group Life Insurance (FSGLI) Election Certificate, declining any and all coverage, effective  30 July 2002.

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The following members of the Board considered Docket Number 03-00106 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 8 Jan 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPW, dated 18 Feb 03.
	Exhibit D.	Letter, SAF/MRBR, dated 21 Feb 03.
	Exhibit E.	Applicant’s Response, dated 1 Mar 03.

	

AFBCMR 03-00106

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show he executed an SGLV Form 8286A, Family Servicemen’s Group Life Insurance (FSGLI) Election Certificate, declining any and all coverage, effective     30 July 2002.