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AF | BCMR | CY2004 | BC-2003-03434
Original file (BC-2003-03434.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  03-03434
            INDEX CODE: 128.14
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

She  be  reimbursed  for  17  months  for  premiums  paid  on   her   Family
Servicemember’s Group Life Insurance  (FSGLI)  and  her  marital  status  be
updated in DEERS as of 17 January 2000.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While inprocessing and obtaining her military ID card at Mountain Home  AFB,
ID, the personnel office noticed that her marital status  was  incorrect  in
DEERS although it was correct in the personnel system.  While  she  realizes
that a specific request to deny FSGLI  is  required,  had  her  status  been
correctly updated in  DEERS,  she  would  have  noticed  the  FSGLI  premium
charges the first month they  were  assessed  and  cancelled  the  automatic
FSGLI enrollment.

In  support  of  her  appeal,  applicant   submits   her   German   marriage
certificate, a copy of her DD Form 1172, Application for Uniformed  Services
Identification Card DEERS Enrollment, and copies of her Leave  and  Earnings
Statements for the months of November - December 2001 and April through  May
2003.  Applicant’s 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 chief master  sergeant  (E-9).   Her  total  active  Federal
military service date is 11 May 1983.

Documents provided by the applicant indicate that prior to the pay period 1-
31 May 2003, there were no deductions made from her pay for the FSGLI.

The remaining relevant facts pertaining to this  application  are  contained
in the letter prepared by  the  appropriate  office  of  the  Air  Force  at
Exhibit B.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPW recommends the application be denied.  DPW states  that  Air  Force
leadership took adequate steps to inform all members  of  this  new  program
and that the applicant had adequate  time  to  make  an  election  decision.
Although premiums had not yet been deducted from her  pay,  DPW  states  her
spouse was insured for $100,000 for the period 1 November  2001  through  30
June 2003.  The DPW evaluation, with attachments, is attached at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterates because no FSGLI premiums were being deducted from  her
pay, she wholeheartedly felt all actions she needed to take regarding  FSGLI
were accomplished.  She feels that obvious measures were not taken  at  base
level toward an aggressive campaign concerning FSGLI which is  evidenced  by
the  fact that Moody AFB Military Personnel Flight cannot produce copies  of
concrete measure it took.  Newspaper and radio articles often do  not  reach
all members.  Her 30 November 2001 LES did include instructions  to  decline
or reduce coverage; however, since premiums were  not  being  deducted  from
her  pay,  she  felt  that  she  had  already  taken  care  of  the  matter.
Applicant's letter, with attachments, 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   warranting   reimbursement   for   the
applicant’s Family Servicemembers’ Group Life  Insurance  (FSGLI)  premiums.
The  applicant  indicates  that  had  her  marital  status  been   correctly
identified in the Defense Eligibility Enrollment System (DEERS),  she  would
have noticed the FSGLI premium charges the first month  they  were  assessed
and cancelled the enrollment.  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 unit First Sergeant was informed  of  all
unit military personnel who were married to  other  military  personnel  and
advised them of the  requirement  for  one  of  the  spouses  to  visit  the
Military Personnel Flight for proper update of DEERS records.  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.
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 Law 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.

4.  In regard to the applicant’s request that his marital status be  updated
in DEERS, we note that the office  of  primary  responsibility  has  advised
that DEERS has been updated  to  reflect  proper  enrollment;  therefore  no
further action is required.

_________________________________________________________________

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 Parker, Member

The following documentary evidence was considered for AFBCMR  Docket  Number
03-03434:

   Exhibit A.  DD Form 149, dated 1 Oct 03 w/atchs.
   Exhibit B.  Letter, AFPC/DPW, dated 25 Nov 03 w/atchs.
   Exhibit C.  Letter, AFPC/DPSFCR, dated 21 Jan 04
   Exhibit D.  Letter, SAF/MRBR, dated 23 Jan 04.





                 JOSEPH G. DIAMOND
                 Panel Chair

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