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AF | BCMR | CY2004 | BC-2003-03259
Original file (BC-2003-03259.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03259
            INDEX CODE:  128.14

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

She be reimbursed for premiums  paid  on  her  Family  Servicemembers’
Group Life Insurance (FSGLI).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The amount was deducted from  her  check  based  on  the  Family  SGLI
program.  Her husband and she were both in the  military  in  November
2001.  There would not have been any reason for them to elect to  have
family coverage.  Her husband retired in May 2003.  In June 2003,  she
elected to claim her husband as a dependent.  As a result, a back  pay
deduction was taken effective November 2001.  Both her husband and she
were paying their normal SGLI payments.  Her daughter  was  under  her
husband as a dependent.  She does not feel that she should  have  been
held responsible for a debt that was not elected or her responsibility
to pay this debt if it was from her husband.

In support of the appeal, applicant submits six copies of their  leave
and earnings statements (LES) from varies months and  a  copy  of  her
husband’s DD Form 214.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a member of the Regular Air Force  who  is  currently
serving in the grade of staff sergeant.

On 5 June 2001, the President approved  Public  Law  107-14,  Survivor
Benefits Improvement Act of 2001.  Within the context of the law,  the
expanded  SGLI  program  was  established  to  provide  spouse  and/or
children coverage in the event of their death.  The coverage, by  law,
was automatic for all members of the Armed Forces  who  had  a  spouse
and/or children, unless the member declined coverage.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPW states that they recommend denial of applicant’s request.  It
is their opinion that the Air Force leadership took adequate steps  as
directed to inform all members of this new program.  A  complete  copy
of the evaluation, with attachments, is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 21 November 2003, a copy of the Air Force evaluation was  forwarded
to the applicant for review and response within 30 days.  As  of  this
date, no response has been received by this office.

_________________________________________________________________

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.   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  the  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or   injustice.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling basis to 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
pertaining to BCMR Docket Number, BC-2003-03259, in Executive  Session
on 20 April 2004, under the provisions of AFI 36-2603:

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

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 6 Aug 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPW, dated 12 Nov 03, w/atchs.
      Exhibit D. Letter, SAF/MRBR, dated 21 Nov 03.




                             JOSEPH G. DIAMOND
                             Panel Chair


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