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AF | BCMR | CY2004 | BC-2003-03709
Original file (BC-2003-03709.doc) Auto-classification: Approved

                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2002-03709

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

She be reimbursed  for  the  Family  Servicemembers’  Group  Life  Insurance
(FSGLI) premiums deducted from her pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her husband is on active duty in the  Air  Force  and  when  the  FSGLI  was
implemented, they were led to  believe  that  they  were  not  part  of  the
automatic coverage.  This was further justified  when  the  nine-dollar  fee
never showed up on their Leave and Earnings Statements  (LESs).   When  they
completed a Permanent Change of  Station  (PCS),  the  fee  showed  up  with
retroactive charges.  Apparently, their losing base had failed to enter  the
proper code to show them as joint spouse and exempt from the  program.   The
PCS uncovered the mistake (Exhibit A).

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of captain.

On 5 June 2001, Public Law 107-14 established the  FSGLI  program  that  was
implemented on 1 November 2001, making it  possible  for  servicemembers  to
provide up to $100,000 coverage for their spouse and  $10,000  coverage  for
their dependent children through the Office of  Servicemembers’  Group  Life
Insurance.  The coverage, by law, was automatic unless the  member  declined
the coverage.

On 7 October 2002, the  applicant  completed  an  SGLV  8286A,  electing  to
decline FSGLI coverage for her spouse.

The Board considered  her  request  on  15  April  2003.   The  Board  found
insufficient evidence of an error or injustice and denied  the  application.
For  an  accounting  of  the  facts  and   circumstances   surrounding   the
application, and the rationale of the earlier decision  by  the  Board,  see
the Record of Proceedings at Exhibit F.

On 25 July 2003, the Board considered a similar request by  the  applicant’s
spouse and granted his application.  For an  accounting  of  the  facts  and
circumstances surrounding the application, and the rationale of the  earlier
decision by the Board, see the Record of Proceedings at Exhibit G.

_________________________________________________________________

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,
based on her failure to decline coverage during the month of November  2001,
premiums were not initially deducted from her pay.  Since her LES  indicated
that FSGLI premiums were not being deducted from her  pay,  we  believe  she
was led 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 extent 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  she  filed  a  Family  Coverage
Election, SGLV - 8286A, on 1  November  2001,  declining  coverage  for  her
spouse  and  that  she  be  authorized  reimbursement  of  the   overcharged
premiums.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2002-03709
in Executive Session on 2 February 2004, 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 F.  Record of Proceedings, dated 5 May 03, w/atchs.
    Exhibit G.  Record of Proceedings, BC-2002-03710, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 21 Feb 03.




                                   JOSEPH G. DIAMOND
                                   Panel Chair

AFBCMR BC-2002-03709




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 she filed a Family
Coverage Election, SGLV - 8286A, on 1 November 2001, declining coverage for
her spouse and that she be authorized reimbursement of the overcharged
premiums.








JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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