RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00127
		INDEX CODE:  128.14

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be changed to show he declined Family Servicemembers’ Group Life Insurance (FSGLI) coverage, and he be reimbursed for the premiums deducted from his pay in January, February, March, April, May and June 2002.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 17 January 2002, he signed up for a Servicemembers’ Group Life Insurance (SGLI) premium of $200,000.  His February 2002 Leave and Earning Statement (LES) indicated a SGLI premium of $250,000.

On 26 June 2002, his July 2002 LES indicated a $54 deduction to cover FSGLI premiums for the previous 6 months.  His January 2002 through July 2002 LES did not show any FSGLI deductions.  If his LES statement would have indicated FSGLI deductions, he would have been able to decline the insurance a lot earlier rather than after the fact.

These discrepancies led to a total deduction of $58 from his pay, and he would like to be reimbursed.

In support of the appeal, applicant submits a personal statement, a copy of his SGLV 8286A Form, Servicemembers’ Group Life Insurance Election and Certificate, and copies of seven LES statements.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 5 June 2001, the President approved Public Law 107-14, Survivor Benefits Improvement Act of 2001.  Within the context of the law, the expanded SGLI program was established 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:

AFPC/DPW states that they recommend denial of applicant’s request.  It is their opinion that the Kunsan Air Base leadership took adequate steps as directed to inform all members of this new program.

A complete copy of the evaluation, with attachment, is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 2 May 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  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.	Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting relief for reimbursement of FSGLI payments from 1 January to 30 June 2002.  After reviewing the evidence of record, we note that the premiums for FSGLI were not deducted from the applicant’s pay on a monthly basis during the period in question.  Since the applicant took immediate action to terminate FSGLI coverage upon receiving notification that the premiums were being deducted from his pay, we believe it is reasonable to assume that the applicant was not provided proper counseling concerning this program when at the time he elected to participate in the SGLI program.  Based on the evidence of record and in an effort to offset any possibility of an injustice, we recommend his record be corrected in the following manner.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 1 January 2002, he executed an SGLV Form 8286A, Family Member Servicemembers’ Group Life Insurance (FSGLI) Election and Certificate, declinging any and all coverage.

_________________________________________________________________

The following members of the Board considered this application in Executive Session on 25 July 2003, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 6 Jan 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPW, dated 4 Apr 03, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 2 May 03.

                                   

AFBCMR BC-2003-00127
INDEX CODE:  128.4

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, be corrected to show that on 1 January 2002, he executed an SGLV Form 8286A, Family Member Servicemembers’ Group Life Insurance (FSGLI) Election and Certificate, declining any and all coverage.