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AF | BCMR | CY2003 | BC-2003-00106
Original file (BC-2003-00106.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00106

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reimbursed for Family Servicemember’s  Group  Life  Insurance  (FSGLI)
premiums he paid for the period of 1 August 2002 through 31 January 2003.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was married on 3 Aug 02 to another military  active  duty  member.   From
his Geographically  Separated  Unit  (GSU),  he  forwarded  a  copy  of  his
marriage certificate and updated his DD Form 93 to  the  servicing  military
personnel flight (MPF) on 30 Sep 02 and 8  Nov  02,  respectively.   He  was
never given the opportunity to decline spousal SGLI coverage from the  88MSS
and he was not aware he needed  to  since  she  (his  spousal)  was  already
covered by SGLI as an active duty Air Force member.  He was only made  aware
that he was involuntarily forced to pay $9.00 a month when he  received  his
Dec 02 Leave and Earning Statement (LES) (LES, Aug-Dec 02).  He  immediately
contacted 88MSS and was briefed that he needed to decline SGLI  coverage  on
SGLV 8286A and did so on 2 Jan 03.  However, he was  informed  that  he  was
still required to pay the premium for  Jan  03.   Therefore,  he  has  taken
necessary  steps  to  stop  SGLO  coverage  for  his  spousal  and   request
reimbursement of coverage premiums in the amount of $54.00.

In support of his request, applicant provided copies of his LES, a  copy  of
SGLV 8286A, letters and emails  from  --MSS/DPM  and  DPMPP,  and  newspaper
articles.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving on active duty in the Air Force in the  grade
of captain.

Documents  provided  by  applicant  indicate  that  on  1  Aug  02,   Family
Servicemembers’  Group  Life  Insurance  was  implemented.   Deductions  for
coverage continued to be taken from his pay until approximately 31 Jan 03.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPW recommended denial of the applicant’s request and  states  that  it
is their opinion that the  Wright-Patterson  AFB  leadership  took  adequate
steps as directed to inform all members of this new  program  and  that  the
applicant had adequate time between 1 Aug 02  and  31  Jan  03  to  make  an
election  decision.  Additionally,  the  applicant  did  not   provide   any
documentation  to  indicate  he  was  not  aware  of  this  change  and  his
responsibility to make an election.  In  accordance  with  public  law,  the
applicant’s spouse was insured for $100,00 for the period 1 Aug 02 - 31  Jan
03.  Had the applicant’s spouse become a fatality during  this  period,  the
proceeds of the $100,000 coverage would have been paid to him IAW 38  U.S.C.
1970.

AFPC/DPW complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation  and  states  that  he  disagree
with AFPC/DPW that he should not be reimbursed for FSGLI premiums between  1
Aug 02 and 31 Jan 03.  He feels that the --MSS should have provided him  the
option of making a decision for FSGLI after he married,  regardless  of  the
media campaign the year before; this is especially true as he  was  assigned
to a GSU.  Please take  these  matters  into  consideration  when  making  a
decision on his case.  Applicant has submitted copies of  DD  Form  149,  --
MSS/DPMPS, letter, dated  8  Nov  02,  --MSS/DPMAR,  Martial  Status  Change
Checklist, dated 5 Nov 02 and SAF/MRBR, letter, dated 21 Feb 03.

Applicant’s complete response, with attachments, 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an error or injustice warranting relief.   It  is  the  Board’s
opinion, that there was  some  confusing  in  the  FSGLI  program  regarding
military married to another military member.  The applicant has  established
to our satisfaction that he did  not  receive  proper  counseling  regarding
this program which resulted in him being charged for FSGLI premiums for  his
active duty spouse from 1 August 2002 through  31 January 2003.   Therefore,
in view of the foregoing, we recommend  his  records  be  corrected  to  the
extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that  he  executed  an  SGLV  Form  8286A,
Family Servicemen’s  Group  Life  Insurance  (FSGLI)  Election  Certificate,
declining any and all coverage, effective  30 July 2002.

_________________________________________________________________

The following members of the Board  considered  Docket  Number  03-00106  in
Executive Session on 15 April 2003, under the provisions of AFI 36-2603:

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

The following documentary evidence was considered:


      Exhibit A. DD Form 149, dated 8 Jan 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPW, dated 18 Feb 03.
      Exhibit D. Letter, SAF/MRBR, dated 21 Feb 03.
      Exhibit E. Applicant’s Response, dated 1 Mar 03.





      JOSEPH G. DIAMOND
      Panel Chair
AFBCMR 03-00106




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 he executed an SGLV Form 8286A,
Family Servicemen’s Group Life Insurance (FSGLI) Election Certificate,
declining any and all coverage, effective     30 July 2002.








JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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