RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02449
            INDEX CODE: 128.14
      XXXXXXXXXXXXXXXXXXXXXX COUNSEL:  NONE

      XXXXXXXXXXXXX    HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be reimbursed for premiums paid  on  her  Family  Servicemember’s  Group
Life Insurance (FSGLI) as of May 2003.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to her Permanent Change of Station (PCS) to Korea, she was not  informed
that she had to submit a declination in  writing  to  decline  FSGLI.   Even
though coverage apparently started on 1 November 2001, she did  not  receive
any deductions for  FSGLI  premiums  until  her  husband  retired  from  the
military in April 2003.  In May 2003, she received a debt of $360 for  FSGLI
premiums  retroactive  to  November  2001.   Had  premiums   been   deducted
appropriately  when  the  coverage  began,  she  would  have   declined   it
immediately.  She submitted the proper documentation to  opt  out  of  FSGLI
coverage in June 2003; however, she feels she should be reimbursed  for  the
debt that was collected.

In support of her application, the applicant submits  a  personal  statement
to AFPC/DPW; a copy of her FSGLI declination dated 13 June 2003;  copies  of
her Leave and Earnings Statement (LES) for May,  June  and  July  2003;  her
spouse’s retirement orders; and her PCS orders to  Korea.   The  applicant’s
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty  in  the  rank  of  master
sergeant (E-7).  Her Total  Active  Federal  Military  Service  Date  is  20
August 1984.

On 13 June 2003, the  applicant  declined  FSGLI  coverage  on  SGLV  8286A,
Family Coverage Election.  The  applicant’s  Leave  and  Earnings  Statement
dated for the month of May 2003, indicates a total debt of  $360  for  FSGLI
premiums from  1  November  2001  through  30  April  2003.   The  debt  was
collected at $120 per month from May -  July  2003.   The  applicant’s  also
incurred a deduction of $20 per month for FSGLI premiums in  the  months  of
May and June 2003.

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AIR FORCE EVALUATION:

AFPC/DPW recommends the applicant’s request be denied.  It is DPW’s  opinion
that Air Force leadership took adequate steps to inform all members  of  the
new FSGLI program and that the  applicant  had  adequate  time  to  make  an
election decision.  DPW states that in accordance to  public  law,  although
premiums had not yet been deducted from her pay, the applicant’s spouse  was
insured for $100,000 for the period 1 November 2001  through  30 June  2003.
Had her spouse become a fatality during this period,  the  proceeds  of  the
$100,000 coverage would have been paid to the applicant in  accordance  with
38 United States Code 1970.  The DPW evaluation,  with  attachments,  is  at
Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  21
November 2003, for review and comment within 30 days  (Exhibit  C).   As  of
this date, this office has received no response.

_________________________________________________________________

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   warranting   reimbursement   for   the
applicant’s Family Servicemembers’ Group  Life  Insurance  (FSGLI)  premiums
deducted from her pay.  The applicant indicates that she  was  not  notified
of the automatic coverage.  However, we note that  the  Air  Force  provided
information in  advance  of  the  FSGLI  program  implementation  by  adding
comments in the  remarks  section  of  every  member’s  Leave  and  Earnings
Statement  (LES).   In  addition,  the   Air   Force   office   of   primary
responsibility advises that the applicant’s unit took extensive measures  to
announce the program changes and it was the  applicant’s  responsibility  to
make a new election or to refuse these benefits.   We  also  note  that  the
applicant’s spouse was covered for the period 1  November  2001  through  30
June 2003, even though there was a delay in  premium  deductions.   Had  the
applicant’s spouse become a fatality during this  period,  the  proceeds  of
the $100,000 coverage  would  have  been  paid  to  her.   In  view  of  the
foregoing, we believe that  Air  Force  authorities  made  every  reasonable
effort to notify the applicant of the requirements set forth in Public  Laws
106-419 and 107-14 and 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 do not 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 this application in  Executive
Session on 20 April 2004, under the provisions of AFI 36-2603:

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

The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2003-02449:

   Exhibit A.  DD Form 149, dated 14 Jul 03, with attachments.
   Exhibit B.  Letter, AFPC/DPW, dated 13 Nov 03, w/ atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 21 Nov 03.




                                   JOSEPH G. DIAMOND
                                   Panel Chair