ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2002-03709

	 	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.

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APPLICANT CONTENDS THAT:

Her husband is on active duty in the Air Force and when the FSGLI was implemented, they were led to believe that they were not part of the automatic coverage.  This was further justified when the nine-dollar fee never showed up on their Leave and Earnings Statements (LESs).  When they completed a Permanent Change of Station (PCS), the fee showed up with retroactive charges.  Apparently, their losing base had failed to enter the proper code to show them as joint spouse and exempt from the program.  The PCS uncovered the mistake (Exhibit A).

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STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of captain.
 
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.

On 7 October 2002, the applicant completed an SGLV 8286A, electing to decline FSGLI coverage for her spouse.

The Board considered her request on 15 April 2003.  The Board found insufficient evidence of an error or injustice and denied the application.  For an accounting of the facts and circumstances surrounding the application, and the rationale of the earlier decision by the Board, see the Record of Proceedings at Exhibit F.

On 25 July 2003, the Board considered a similar request by the applicant’s spouse and granted his application.  For an accounting of the facts and circumstances surrounding the application, and the rationale of the earlier decision by the Board, see the Record of Proceedings at Exhibit G.

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After thoroughly reviewing the evidence of record and noting the applicant’s complete submission, we believe she may have been misled regarding her FSGLI eligibility.  In this respect, we note that although the applicant was automatically enrolled in the FSGLI, based on her failure to decline coverage during the month of November 2001, premiums were not initially deducted from her pay.  Since her LES indicated that FSGLI premiums were not being deducted from her pay, we believe she was led to believe that she was not enrolled in the FSGLI.  She states that had she seen the FSGLI premiums being deducted from her pay, she would have taken action to decline coverage.  Therefore, we recommend the applicant’s records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that she filed a Family Coverage Election, SGLV - 8286A, on 1 November 2001, declining coverage for her spouse and that she be authorized reimbursement of the overcharged premiums.

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The following members of the Board considered Docket Number BC-2002-03709 in Executive Session on 2 February 2004, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit F.  Record of Proceedings, dated 5 May 03, w/atchs.
    Exhibit G.  Record of Proceedings, BC-2002-03710, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 21 Feb 03.

                                   

AFBCMR BC-2002-03709

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that she filed a Family Coverage Election, SGLV - 8286A, on 1 November 2001, declining coverage for her spouse and that she be authorized reimbursement of the overcharged premiums.