RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00229
		INDEX CODE: 128.14

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be reimbursed for the amount of Family Servicemembers’ Group Life Insurance (FSGLI) deducted from his pay.

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APPLICANT CONTENDS THAT:

He was unaware that his military spouse was eligible for the insurance plan until 31 July 2002, at which time he signed an SGLV Form 8286A declining coverage.  His commander and the Finance Department informed him that all funds would be refunded to members not requesting coverage.  Declination was made prior to any funds being deducted.  

In support of his appeal, the applicant provided SGLV Form 8286A (Family Coverage Election), dated 31 July 2002, and Leave and Earnings Statements for the periods 1-31 August 2002, 1-30 September 2002, and 1-31 October 2002.

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

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STATEMENT OF FACTS:

The applicant is currently serving in the Air Force in the grade of master sergeant.

On 5 June 2001, the President signed into law approving 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 prior to 31 December 2001.

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AIR FORCE EVALUATION:

AFPC/DPW recommended denial.  They indicated that it is their opinion that the Kessler Air Force Base leadership took adequate steps as directed to inform all members of this new program and that the applicant had adequate time between 1 November 2001 and 31 December 2001 to make an election decision.  Additionally, the applicant did not provide any documentation to indicate that he was not aware of this change and his responsibility to make an election decision.  In accordance with public law, the applicant’s spouse was insured for $100,000 for the period 1 November 2001 through 31 July 2002.  Had his 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.

The evaluation, with attachment, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 March 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.

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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 confusion 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 his being charged for FSGLI premiums for his active spouse from 1 November 2001 through 31 August 2002.  In addition, it appears that the premiums for FSGLI were not deducted from his pay each month, thereby, denying him the opportunity to cancel the coverage.  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 on 1 November 2001, he executed an SGLV Form 8286A, Family Service members’ Group Life Insurance (FSGLI) Election Certificate, declining any and all coverage, effective 1 November 2001.

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The following members of the Board considered AFBCMR Docket Number BC-2003-00229 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 13 January 2003, w/atchs.
   Exhibit B.  Letter, AFPC/DPW, dated 4 March 2003, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 7 March 2003.

				

AFBCMR BC-2002-00229

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 XXXXX ,  be corrected to show that on 1 November 2001, he executed an SGLV Form 8286A, Family Service members’ Group Life Insurance (FSGLI) Election Certificate, declining any and all coverage, effective 1 November 2001.