RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-00665

	 	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 from 1 August 2002 through 31 January 2003.

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APPLICANT CONTENDS THAT:

She was never notified that FSGLI applied to active duty military members with an active duty spouse already covered under the Servicemembers’ Group Life Insurance (SGLI).

The applicant states her Military Personnel Flight (MPF) failed to properly do their job and take out the allotments when due.  Furthermore, the MPF took it upon themselves to take her pay without her consent or knowledge.

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

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STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force.
 
On 5 June 2001, Public Law 107-14 established the FSGLI program that was implemented on 1 November 2001, making it possible for servicemembers to provide up to $100,000 coverage for their spouse and $10,000 coverage for their dependent children through the Office of Servicemembers’ Group Life Insurance.  The coverage, by law, was automatic unless the member declined the coverage.

The applicant married an active duty member of the Army on 2 August 2001.

Her spouse was honorably discharged from the Army on 16 December 2002.

On 18 February 2003, she completed an SGLV 8286A, electing to decline FSGLI coverage for her spouse.

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AIR FORCE EVALUATION:

AFPC/DPW recommends the application be denied.  ARPC/DPW states, in part, that the Air Force aggressively campaigned to make members aware of the FSGLI program and their benefits.  Specific instructions were also provided to all Air Force bases on the procedures they needed to follow in order to ensure that military married to other military members were properly charged for this new benefit.  The Air Force fully complied with the law by providing information in advance of implementations so that members could make an informed decision.  In addition to comments about FSGLI appearing in the remarks section of every member’s Leave and Earning Statement (LES) from 30 August 2001 through 15 November 2001, officials at the applicant’s base also provided information to all members through their unit’s commander’s support staff as an additional step to educate the community.  She has not provided any documentation to indicate that she was not aware of the change and her responsibility to make an election decision.

The AFPC/DPW evaluation, with attachments, is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 28 March 2003 for review and response within 30 days.  However, as of this date, this office has received no response.

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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.  Public Law 107-14 established the FSGLI program that was implemented on 1 November 2001, making it possible for servicemembers to provide up to $100,000 coverage for their spouse and $10,000 coverage for their dependent children through the Office of Servicemembers’ Group Life Insurance.  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.  Members who did not desire coverage had to complete an election declining coverage during the month of November 2001.  No evidence has been submitted showing that the applicant declined coverage during the month of November 2001.  The applicant contends that she was never notified that FSGLI applied to active duty military members with an active duty spouse already covered under the SGLI.  However, the Air Force aggressively campaigned to make members aware of the FSGLI program and their benefits, and she has not provided any documentation to indicate that she was not aware of the change and her responsibility to make an election decision.  We therefore 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 find no 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 Docket Number BC-2003-00665 in Executive Session on 25 July 2003, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

The following documentary evidence was considered:

   	Exhibit A.  DD Form 149, dated 19 Feb 03, w/atchs.
  	Exhibit B.  Letter, AFPC/DPW dated 20 Mar 03, w/atchs.
  	Exhibit C.  Letter, SAF/MRBR, dated 28 Mar 03.

		
		Panel Chair