RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-01378

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that he declined Family Servicemembers’ Group Life Insurance (FSGLI) coverage and he be reimbursed for the premiums deducted from his pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He changed his marital status from single to married with the Military Personnel Flight (MPF) on 11 January 2003, and declined FSGLI coverage at that time.  However, he received a 12 March 2003 Leave and Earnings Statement, indicating that $78.00 had been deducted from his pay to cover to insurance premium debt.  He did not want the insurance and did not realize it was going to be retroactive to the date of his marriage.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in the grade of master sergeant.
 
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 October 2001, the applicant married and his spouse automatically covered under the FSGLI.

On 12 January 2003, the applicant completed an SGLV 8286A, electing to decline FSGLI coverage for his spouse, and his coverage was terminated effective 1 February 2003.

_________________________________________________________________

AIR STAFF EVALUATION:

ARPC/DPS recommends the application be denied and states, in part, that during the period the applicant was assigned to Wright Patterson AFB, information concerning the changed to the SGLI were published in the base newspaper.  Furthermore, ARPC extensively advertised the change to the program.  He has provided no evidence which indicates an injustice occurred.

The ARPC/DPS evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 30 May 2003, for review and response within 30 days.  However, as of this date, no response has been received by this office.  In addition, on 2 July 2003, he was advised that he had not indicated when he was married or provided a copy of his marriage liscense and/or marriage certificate.

_________________________________________________________________

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.  In the applicant’s case, he married in October 2001 and no evidence has been submitted showing that he declined coverage during the month of November 2001.  He contends that he was never notified of the automatic familiy coverage under the SGLI.  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. 

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered Docket Number BC-2003-01378 in Executive Session on 2 December 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   	Exhibit A.  DD Form 149, dated 14 Mar 03, w/atchs.
  	Exhibit B.  Letter, ARPC/DPS dated 14 May 03, w/atchs.
  	Exhibit C.  Letter, SAF/MRBR, dated 30 May 03.
   	Exhibit D.  Letter, AFBCMR, dated 2 Jul 03.