RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01532
				INDEX CODE:  100.00

XXXXXXXXXXXXXXXXXX	COUNSEL:  None

XXX-XX-XXXX		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His records be corrected to reflect he declined both the Family Servicemembers’ Group Life Insurance (FSGLI) coverage and Servicemembers’ Group Life Insurance (SGLI); and the $455.00 debt for premiums he incurred be removed.

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APPLICANT CONTENDS THAT:

He has had cardiac problems since August 2001 and has not attended a Unit Training Assembly (UTA) since that time.  He is under a cardiologist’s care and has not been allowed to return to the reserves and is pending medical discharge.  

He was a new member to his unit and was not familiar with the processes and channels of the Air Force.  He had not been in the military since 1987 (Marine Corps).  He did not realize his SGLI was steadily accruing until it was too late.  He spoke with his unit about the premiums and was under the impression that it would be taken care of.  

He has been in and out of the hospital and has had many doctor appointments.  He cannot afford to repay the debt.

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

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STATEMENT OF FACTS:

On 5 June 2001, Public Law 107-14, Survivor Benefits Improvement Act of 2001, was passed.  The law expanded the SGLI program and was established to provide spouse and or child 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.  The coverage  commenced on 1 November 2001.

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AIR FORCE EVALUATION:

HQ ARPC/DPS states the applicant has not submitted any evidence to indicate an injustice occurred.  The applicant was notified of the automatic family coverage and the new law and declination procedures.  The notification was mailed to the applicant’s home address.  The applicant declined FSGLI and SGLI on 30 January 2003.  The declining of coverage becomes effective the first day of the following month the election was declined.  ARPC further states they cannot determine with any certainty, whether or not the applicant was miscounsled when he spoke to his unit regarding payment of the premiums.  There is no evidence of willful intent to mislead the applicant into thinking he did not have to pay the insurance premiums.  The applicant owes SGLI and FSGLI premiums for 1 November 2001 through 1 January 2003.  They recommend the member’s request be denied.  However, if the Board favorably considers the applicant’s request, the record should be changed to reflect the member elected not to participate in the SGLI and FSGLI program on 1 November 2001 and the $455.00 debt be forgiven and all debts purged from his records.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 23 May 2003, for review and response.  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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The applicant’s contentions are duly noted, however, the applicant’s Mission Support Squadron forwarded a letter to his home address informing him of the upcoming changes in SGLI and FSGLI.  The letter further informed the applicant he had until 1 November 2001 to elect or decline the coverage.  The applicant has not shown that he did not have adequate time to decline coverage after being initially notified of the new law.  Therefore, in the absence of evidence to the contrary, we find no compelling 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 demonstrates the existence of an error or an 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-2003-01532 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 3 Jan 03, w/atchs.
   Exhibit B.  Letter, HQ ARPC/DPS, 19 May 03, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 23 May 03.

                                   
                                   Panel Chair