RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00830
		INDEX CODE:  100.03

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He and his military spouse declined additional coverage on 2 Dec 01 while attending their monthly reserve drills.  His spouse was also charged for several months, but she was able to locate her signed SGLV form and her premiums were refunded.  Since he does not get a Leave and Earnings Statement (LES) each month, he was not aware of the error until his wife attended her annual tour and received her refund.  At the recommendation of the military personnel flight he completed another form.

In support of his appeal, applicant submitted a copy of his SGLV Form 8286A, dated 12 Nov 02; a copy of his spouse’s SGLV Form 8286A, dated 2 Dec 01; copies of his LESs for the periods 8 Nov and 29 Nov 02; and a copy of an excerpt of a memo from the Chief, Casualty Services Branch.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 5 June 2001, Public Law 107-14, Survivor Benefits Improvement Act of 2001, established an expanded SGLI program 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.

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AIR FORCE EVALUATION:

HQ ARPC/DPS reviewed this application and recommended denial.  They state applicant claims he was not notified of the automatic family coverage.  All members of the Participating Individual Ready Reserve (PIRR) were notified concerning the new law and declination procedures in October 01.  HQ ARPC extensively advertised the change to the program.  An article was included in the November/December 2001 issue of the Air Reserve Personnel Update (ARPU).  HQ ARPC’s website had information about the change, along with instructions on what to do if you wanted decreased coverage or wished to decline coverage.  Notifications were mailed to the applicant’s current mailing address.  He declined FSGLI on 13 Nov 02, which became effective Dec 02; the first day of the following month the election was declined.  The applicant owes for family coverage from 1 Nov 01 through 1 Nov 02 in the amount of $280 prior to his declination.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterated his original contention and gave a further explanation of the circumstances surrounding his declination of the FSGLI.  His MPF could not find a copy of his letter declining coverage.  At their suggestion, he signed another one using the date he actually signed the second one since he had no way to prove he had signed the first one.

Applicant’s complete response 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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The implementing guidance stipulated that members eligible for SGLI would have coverage extended to family members beginning 1 Nov 01.  Spouses and children would automatically be covered if the military member was an SGLI participant.  The member could decline spouse coverage if submitted in writing.  We have thoroughly reviewed the circumstances surrounding the applicant’s appeal and find no evidence that he was not aware of the change to Public Law 107-14 regarding Family SGLI coverage.  HQ ARPC extensively advertised the change to the program, including an article in the Air Reserve Personnel Update, and the notifications sent to the applicant’s address contained information regarding the FSGLI changes.  It was the applicant’s responsibility to make a new election or to refuse this benefit.  Other than his own assertions, the applicant has not provided corroborative evidence that he executed an election certificate declining coverage prior to Nov 02.  Based on this, we find no basis to favorably consider his request for reimbursement of the FSGLI premiums deducted for coverage during this period.  

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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 AFBCMR Docket Number BC-2003-00830 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 26 Feb 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPS, dated 4 Apr 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Apr 03.
    Exhibit E.  Letter, Applicant, dated 3 May 03, w/atchs.

                                   
                                   Panel Chair