RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02974

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be reimbursed for  premiums  deducted  from  her  pay  for  Family
Servicemen’s Group Life Insurance (SGLI).

_________________________________________________________________

APPLICANT CONTENDS THAT:

When she was  in  Officer  Training  School  (OTS),  she  denied  SGLI
coverage for her spouse.  In July 2003, deduction and STIPEND payments
began coming out of her pay even after  the  original  declination  of
coverage.

In support of her application, she submits copies  of  her  leave  and
earning statements (LES).

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the  Air
Force in the grade of second lieutenant.

Applicant paid FSGLI premiums from 1 September 2002 to 31  July  2003.
She withdrew from FSGLI on 31 July 2003.  Applicant’s August LES shows
a $90 debt.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPW recommended denial and stated the official from  the  student
personnel activity that overseas this  program  for  OTS  students  at
Maxwell AFB has advised them that information about FSGLI coverage  is
provided during an in processing briefing  within  five  days  of  the
members arriving.  Members are briefed that coverage is automatic  and
that they must decline the coverage in order for the deductions not to
occur.  This official stated  that  this  briefing  was  in  place  in
September 2002 when applicant claims she was  not  counseled.   It  is
their opinion that the Maxwell AFB leadership took adequate  steps  to
inform new members of this program.  In accordance  with  public  law,
the applicant’s spouse was insured for $100,000 for the period       1
September 2002 through 31 July 2003.  Had her spouse become a fatality
during this period, the proceeds of the $100,000 coverage  would  have
been paid to her IAW 39 U.S.C. 1970.

AFPC/DPW complete evaluation is attached at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force  evaluation  and  stated  despite
what the OTS personnel stated she had provided  the  Board  with  only
information she was given regarding the SGLI  program.   The  attached
SGLV 8286 only gives her, the member, the opportunity to decline.  OTS
never advised her as a military to military  member,  that  she  would
need to (1). Make a decision  whether  to  provide  coverage  for  her
spouse, whom she knew had his own SGLI coverage  and  (2).  Acquire  a
Form SGLV 8285 to decline the coverage.  The first she  knew  of  this
decision was after 10 months of service when she began being garnished
for $96 of back FSGLI.  Had someone at OTS or even Dyess AFB  military
personnel flight MPF provided her the information, pertaining to extra
coverage for her spouse, she would have declined this coverage.   This
would have prevented her from having to fight this battle.  She  finds
it difficult to understand why, after she has  served  ten  months  of
service, she find out she is being  back  charged  for  something  she
never requested.  Had this been taken  care  of  in  a  timely  manner
through the DFAS system in 2002, she would have known much sooner  and
not have to suffer $96 taken from her pay.

In support of her response, she provided a copy of SGLV Form 8286.

A complete copy of the applicant’s review 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.    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, premiums were not initially deducted  from  her
pay.  Since her LESs indicated that  FSGLI  premiums  were  not  being
deducted from her pay, we believe it was reasonable for her 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 extend 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 on 30 August 2002, she
executed SGLV - 8286A, Family Coverage  Election,  declining  coverage
for her spouse, effective 1 September 2002.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
02974 in Executive Session on 2 December 2003, under the provisions of
AFI 36-2603:

                 Mr. Joseph G. Diamond, Panel Chair
                 Mr. Jackson A. Hauslein, Member
                 Mr. Edward H. Parker, Member

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


      Exhibit A. DD Form 149, dated 25 Aug 03, w/atch.
      Exhibit B. Letter, AFPC/DPW, dated 8 Oct 03.
      Exhibit C. Letter, SAF/MRBR, dated 17 Oct 03.
      Exhibit D. Letter, Applicant’s Response, 24 Oct 03.




      JOSEPH G. DIAMOND
      Panel Chair


AFBCMR BC-2003-02974




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 on 30 August
2002, she executed SGLV - 8286A, Family Coverage Election, declining
coverage for her spouse, effective 1 September 2002.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency