RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 03-03443
INDEX CODE: 128.14
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reimbursed for 17 months for premiums paid on his Family
Servicemember’s Group Life Insurance (FSGLI) and his marital status be
updated in DEERS as of 17 January 2000.
_________________________________________________________________
APPLICANT CONTENDS THAT:
While inprocessing and obtaining his military ID card at Mountain Home AFB,
ID, the personnel office noticed that his marital status was incorrect in
DEERS although it was correct in the personnel system. While he realizes
that a specific request to deny FSGLI is required, he contends that had his
status been correctly updated in DEERS, he would have noticed the FSGLI
premium charges the first month they were assessed and cancelled the
automatic FSGLI enrollment.
In support of his appeal, applicant submits his German marriage
certificate, a copy of his spouse's 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 master sergeant (E-7). His total active Federal military
service date is 18 July 1985.
Documents provided by the applicant indicate that prior to the pay period 1-
31 May 2003, there were no deductions made from his 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 and C.
_________________________________________________________________
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 his
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.
AFPC/DPSFCR advises that DEERS has been updated to reflect proper
enrollment. The AFPC/DPSFCR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 23
January 2004 for review and response. 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.
The applicant indicates that had his marital status been correctly
identified in the Defense Eligibility Enrollment System (DEERS), he 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
03-03443:
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 C. Letter, SAF/MRBR, dated 23 Jan 04.
JOSEPH G. DIAMOND
Panel Chair
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