RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-03316
		INDEX NUMBER: 128.10

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be reimbursed for the Family Servicemembers’ Group Life Insurance (FSGLI) premiums paid during the period 1 November 2001 to 30 September 2003.

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APPLICANT CONTENDS THAT:

He did not request such coverage for his spouse, nor has he seen anything on the matter.

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.

In September 2003, he completed an SGLV 8286A, electing to decline FSGLI coverage for his spouse.  FSGLI premiums were deducted from his pay during the period 1 November 2001 to 30 September 2003.

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AIR FORCE EVALUATION:

AFPC/DPW recommends the application be denied, and states, in part, the Air Force aggressively campaigned to make members aware of the FSGLI program and their benefits.  The Air Force fully complied with the law by providing information in advance of implementation so that members could make an informed decision.  Specifically, comments about FSGLI automatic enrollment appeared in the remarks section of every member’s Leave and Earnings Statement (LES) from 30 August 2001 through 15 November 2001.  Furthermore, 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.  The applicant has not provided any documentation to indicate that he was not aware of the change and his 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 26 November 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 he never requested FSGLI and did not receive proper notification that he was automatically enrolled in the program.  However, the Air Force aggressively campaigned to make members aware of the FSGLI program and their benefits, and he has not provided any documentation to indicate that he was not aware of the change and his 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-2003-03316 in Executive Session on 20 April 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   	Exhibit A.  DD Form 149, dated 1 Oct 03, w/atchs.
  	Exhibit B.  Letter, AFPC/DPW, dated 18 Nov 03, w/atchs.
  	Exhibit C.  Letter, SAF/MRBR, dated 26 Nov 03.