RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03709
            INDEX CODE: 128.14

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

She be reimbursed for the amount of  Servicemembers’  Group  Life  Insurance
(SGLI) deducted from her pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her husband is joint spouse on active duty  in  the  Air  Force.   When  her
spouse’s SGLI was implemented they were led to believe that  they  were  not
part of the automatic coverage.  This was verified by not having  the  $9.00
monthly deduction appear in their  statements  when  they  had  a  permanent
change of station (PCS) to Laughlin AFB.  The  fee  appeared  along  with  a
back pay amount.  Apparently, Mountain Home AFB had failed to enter  a  code
in their records to  show  joint  spouse  and  exemption  from  SGLI  spouse
coverage.

In support of her appeal, the applicant provided a personal statement,  Form
SGLV 8286 (Servicemembers’ Group Life Insurance Election  and  Certificate),
dated 29 August 2002,
Form SGLV 8286A (Family Coverage Election), dated 7 October 2002, and  other
documentation.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently  serving  in  the  Air  Force  in  the  grade  of
captain.





Title 38 U.S.C., Section  1965(5)(B)  and  Section  1967(a)  states  that  a
member who is assigned to a participating position  shall  be  automatically
insured under SGLI for  an  automatic  coverage  for  $250,000,  unless  the
member reduces or declines coverage.  Member’s Leave and Earnings  Statement
(LES) shows her coverage was for $250,000 and she was being charged for  the
coverage.  There is no declination statement in the member’s record.

On 5 June 2001,  President  Bush  signed  the  Veterans’  Survivor  Benefits
Improvement Act of  2001  (Public  Law  107-14)  into  law,  which  was  the
enabling legislation for the FSGLI program.  FSGLI,  which  was  implemented
DOD (Department of Defense) wide on 1 November 2001, made  it  possible  for
servicemembers to take out low cost insurance on  their  spouse  for  up  to
$100,000  (premium  charged)  and  $10,000  life  insurance  for   dependent
children  (no  cost)  through  the  Office  of  Servicemembers’  Group  Life
Insurance.  The law mandated that coverage for spouses (to include  military
married to military couples) and dependent children  automatically  go  into
effect on the date of implementation so  long  as  the  member  was  insured
under the Servicemembers’ Group Life Insurance (SGLI) program.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPW recommended denial.  They indicated  that  the  Mountain  Home  AFB
leadership took adequate steps as directed to inform  all  members  of  this
new program and that the applicant had adequate time between 1 November  and
31 December 2001 to make an election decision.  Additionally, the  applicant
did not provide any documentation to indicate that  she  was  not  aware  of
this change and  her  responsibility  to  make  an  election  decision.   In
accordance with public law, the applicant’s spouse was insured for  $100,000
for the period 1 November 2001 through 30 September 2002.   Had  her  spouse
become a fatality during this period, the proceeds of the $100,000  coverage
would have been paid to her IAW 38 U.S.C. 1970.

The evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the  evaluation  and  indicated  that  she  does  not
contest the fact that comments were made in the remarks section of  her  LES
from August until September 2001.  Her issue is  with  the  non-charging  of
the premium.  Individuals in her squadron  had  the  premium  deducted  from
their pay statements starting in  the  fall  of  2001.   She  did  not.   No
premiums were deducted from her pay until she arrived  at  Laughlin  AFB  in
September 2002.  If she had seen the $9.00 deduction from her pay she  would
have immediately contacted finance to  resolve  the  problem.   She  had  no
opportunity to correct the  situation  until  after  she  had  been  charged
$99.00 for FSGLI - $90.00 more than  if  finance  had  handled  her  records
properly.  The advisory opinion indicates that there was an article  in  the
Mountain Home base  paper  specifically  addressing  military  couples  with
FSGLI in September 2002.  This finding is irrelevant since  she  PCS’d  from
Mountain Home in May 2002.

Applicant’s complete response is at Exhibit E.

_________________________________________________________________

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 an error or an 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  had  adequate  time
between 1 November and 31 December 2001 to make an election  decision.   She
did not provide any documentation to indicate that  she  was  not  aware  of
this change.  In accordance with public  law,  the  applicant’s  spouse  was
insured for $100,000 for the period 1 November 2001  -  30  September  2002.
Had the applicant’s  spouse  become  a  fatality  during  this  period,  the
proceeds of the $100,000 coverage would have been paid to her IAW 38  U.S.C.
1970.    Therefore, in the absence of evidence to the contrary, we  find  no
compelling basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
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.

_________________________________________________________________







The following members of the Board considered AFBCMR Docket Number  BC-2002-
03709 in Executive Session on 15 April 2003, under the provisions of AFI 36-
2603:

                 Mr. Joseph G. Diamond, Panel Chair
                 Mr. Edward H. Parker, Member
                 Ms. Brenda L. Romine, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 16 November 2002, w/atchs.
   Exhibit B.  Letter, AFPC/DPW, dated 18 February 2003, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 21 February 2003.
   Exhibit D.  Letter, Applicant, dated 11 March 2003.




                       JOSEPH G. DIAMOND
                       Panel Chair