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AF | BCMR | CY2003 | BC-2002-03863
Original file (BC-2002-03863.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03863
            INDEX CODE: 128.14
      XXXXXXXXXXXXXXXX COUNSEL:  NONE

      XXXXXXXXXXXXXX   HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reimbursed in the amount of $108.00 for premiums paid  on  his  Family
Servicemember’s Group Life Insurance (FSGLI).

_________________________________________________________________

APPLICANT CONTENDS THAT:

In January 2002, he went to the Customer Service  Section  at  the  Military
Personnel Flight (MPF) in Keflavik, Iceland, to decline the spousal  portion
of the new FSGLI coverage.  His spouse is also an active duty  military  and
has her own SGLI coverage.  He changed duty stations to Keesler AFB, MS,  in
July 2002.  On 1 October 2002, he received his leave and earnings  statement
(LES) that showed a debt for $90 and a $9 allotment set up  to  deduct  from
his pay.  He immediately went to the Keesler  AFB  Finance  office  and  was
referred back to MPF Customer Service.  He  was  told  at  Customer  Service
that according  to  the  Defense  Enrollment  Eligibility  Reporting  System
(DEERS), he had turned down the coverage; however, no update had  been  made
in the  military  personnel  system  (MILPDS).   He  was  asked  if  he  had
completed any paperwork to decline  the  coverage  while  at  Keflavik.   He
replied he had witnessed  the  airman  in  Customer  Service  inputting  the
declination in the computer; however, he never asked him  to  fill  out  any
paperwork.  The fact that DEERS reflected  the  declination  proves  he  had
declined the coverage.  The Customer Service representative  indicated  that
money was being taken out of his pay because he had not filled  out  a  SGLV
Form 8286A, Family Coverage Election, that was required to formally  decline
the coverage.  He then completed the required form on 1  October  2002.   He
was  referred  back  to  Finance  to  get  reimbursement  for  the  deducted
premiums; however, Finance explained  that  there  was  no  way  they  could
reimburse him without the MPF telling them to do so.  Returning to the  MPF,
he was told that without  paperwork  initially  filed  in  January  2002  to
decline coverage, he had no grounds to ask for a reimbursement.

In support of his application, the applicant submits  a  personal  statement
and a computer printout indicating his declination effective on  31  October
2002.  The applicant’s submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 8 July 1991  at  the  age
of 20.  He was progressively promoted to the rank of technical sergeant  (E-
6), effective 1 April 2002.  The applicant is  still  currently  serving  on
active duty in a joint-spouse assignment.  On 1 October 2002, the  applicant
completed an SGLV Form 8286A,  Family  Coverage  Election,  declining  FSGLI
coverage for his spouse.

On 27 February 2003, AFPC/DPW notified the applicant that they  were  unable
to process his request without additional documentation.  DPW requested  the
applicant provide a  copy  of  his  SGLV  8286A,  Family  Coverage  Election
Certificate, declining coverage and any documentation to support his  claim.
 The applicant did not respond.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPW  recommends  the  application  be  denied.   DPW  states  that  the
applicant did not provide the additional information needed to  sufficiently
evaluate her claim.  The DPW evaluation is attached at Exhibit C.

Examiner’s Note:   AFPC/DPWCS  and  AFPC/DPSFR  confirmed  that  a  member’s
selection  or  non-selection  of  SGLI  is  not  reflected  in  the  Defense
Eligibility Enrollment Reporting System (DEERS).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant explained that he did not respond to  AFPC/DPW’s  request  for
additional documentation because there was no  additional  documentation  to
provide.  The applicant is concerned he is being penalized for  issues  that
were/are out of his control.   Had  he  known  that  there  was  a  form  to
complete at the time he declined the coverage  in  January  2002,  he  would
have gladly completed it.  No one told him that he needed to  do  more  than
notifying Customer Service until he  discovered  the  debt  on  his  LES  in
October 2002.

He states he has been in the Air Force  for  eleven  years  and  has  always
prided himself in doing what was asked of him to the  best  of  his  ability
and in a timely manner.  He could understand a denial of his request had  he
not done anything at all regarding the situation.  The problem  is  that  he
is unable to prove that he accomplished the  declination  in  January  2002.
All he has is his integrity  and  his  word.   A  copy  of  the  applicant’s
rebuttal is at Exhibit D.

_________________________________________________________________

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.  The applicant was properly charged with  a
debt as a result  of  the  passage  of  Public  Law  106-419,  Section  312,
effective 1 April 2001, which automatically  increased  the  level  of  SGLI
coverage.  Since the applicant did not provide  the  additional  information
requested in order to sufficiently evaluate his claim,  it  is  our  opinion
that no basis exists to reimburse the  premiums  withheld.   Therefore,  the
applicant’s request is not favorably considered.

_________________________________________________________________

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 this application in  Executive
Session on 15 April 2003, under the provisions of AFI 36-2603:

           Mr. Joseph G. Diamond, Panel Chairman
           Ms. Brenda Romine, Member
           Mr. Edward Parker, Member

The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2002-03863:

   Exhibit A.  DD Form 149, dated 27 November 2002.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letters, AFPC/DPW, dated 3 Jan 03 and 27 Feb 03.
   Exhibit D.  Letter, SAF/MRBR, dated 7 Mar 03.
   Exhibit E.  Applicant’s Rebuttal, dated 14 Mar 03.



                                   JOSEPH G. DIAMOND
                                   Panel Chair

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