RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00351
		INDEX CODE: 128.14
	XXXXXXXXXXXXXXXXXX	COUNSEL:  NONE

	XXX-XX-XXXX	HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reimbursed in the amount of $108.00 for premiums paid on his Family Servicemembers’ Group Life Insurance (FSGLI).  

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not notified of the automatic coverage.  He had requested reassignment to the Air Reserve Personnel Center (ARPC) effective October 2001 because of his move to New Orleans, Louisiana.  He was unaware that Stop Loss prevented his reassignment until he attempted to return to the Air Force Reserve in September 2002.  He discovered he was still assigned to his old Reserve unit at Homestead Air Reserve Base, Florida.  When he inprocessed to his new Reserve assignment in New Orleans, he was not aware of the FSGLI requirement.  He would have declined the FSGLI coverage if he had known about it.  

In support of his application, the applicant submits a personal statement; a copy of his Family Coverage Election form, dated 19 October 2002; and a copy of his leave and earnings statement, dated 22 January 2003.  The applicant’s submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in the grade of technical sergeant (E-6) with a paydate of 19 February 1980.  

On 19 October 2002, the applicant declined FSGLI coverage on SGLV 8286A, Family Coverage Election.  The applicant’s Leave and Earnings Statement dated 22 January 2003, indicates a debt payment in the amount of $135 for FSGLI premiums from 1 November 2001 through 1 January 2003.  

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPS recommends the application be denied.  DPS states that the applicant did not submit any evidence to indicate an error or injustice occurred.  

The Survivor Benefits Improvement Act of 2001 expanded Servicemembers’ Group Life Insurance (SGLI) program to provide spouse and/or children coverage in the event of the servicemember’s 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.  DPS states the applicant was sent a letter to his home address in New Orleans explaining the new FSGLI coverage.  DPS indicates the applicant will be refunded $27 for overpayment of FSGLI premiums for the period 1 November 2002 through 1 January 2003. The DPS evaluation is attached at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 7 March 2003 for review and response (Exhibit C).  As of this date, this office has received no response.

_________________________________________________________________

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 warranting reimbursement for the applicant’s Family Servicemembers’ Group Life Insurance (FSGLI) premiums deducted from his pay.  The applicant indicates that he was not notified of the automatic coverage.  However, we note that the Air Reserve Personnel Center and the applicant’s unit took extensive measures to announce the program changes and it was the applicant’s responsibility to make a new election or to refuse these benefits.  Additionally, we note that the mailing address the Air Reserve Personnel Center used to send his notification of the FSGLI increase is the same address indicated on his BCMR application as:  (APPLICANT’S MAILING ADDRESS).  In view of the foregoing, we believe that Air Force Reserve authorities made every reasonable effort to notify the applicant of the requirements set forth in Public Laws 106-419 and 107-14 and 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 do not 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 this application in Executive Session on 25 July 2003, under the provisions of AFI 36-2603:

	     Panel Chairman
	     Member
	     Member

The following documentary evidence was considered for AFBCMR Docket Number BC-2003-00351:

   Exhibit A.  DD Form 149, dated 28 Jan 2003, w/atchs.
   Exhibit B.  Letters, ARPC/DPS, dated 28 Feb 03, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 7 Mar 03.

                                   
                                   Panel Chair