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AF | BCMR | CY2004 | BC-2004-00134
Original file (BC-2004-00134.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00134
            INDEX CODE:  128.14

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

Beginning in November 2001 through October 2003 she was charged  for  Family
Servicemembers’ Group  Life  Insurance  (FSGLI)  for  her  husband  who  was
serving on active duty  in  the  United  States  Army.   She  indicates  the
deductions were in four payments of $68.00 beginning on 15 November 2003.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade  of
staff sergeant effective and with a date of rank (DOR) of 1 March 2003.

On 5 June 2001, the President signed into law approving Public  Law  107-14,
which was the enabling legislation for the FSGLI program.  FSGLI, which  was
implemented Department of Defense (DOD) wide on 1  November  2001,  made  it
possible for servicemembers to take out low cost insurance on  their  spouse
for up  to  $100,000  (premium  charged)  and  $10,000  life  insurance  for
dependent children (no cost) through the  Office  of  Servicemembers’  Group
Life Insurance.  The law mandated that  coverage  for  spouses  (to  include
military married to military couples) and dependent  children  automatically
go into effect on the date of implementation  so  long  as  the  member  was
insured under the Servicemembers’ Group Life Insurance (SGLI) program.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPW recommended denial.   They  indicated  Air  Force  leadership  took
adequate steps to inform all members of this new program and  the  applicant
had adequate time to make an election decision.  In accordance  with  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
to present.  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 accordance with 38 U.S.C. 1970.  To date, the applicant has not  declined
FSGLI coverage  in  writing,  but  she  was  notified  by  their  office  by
telephone on 2 February 2004 of her  responsibility  to  do  so  to  prevent
future premium deductions.

The evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 February 2004, 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 an error or an 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 our conclusion that the applicant  has  not  been
the victim of an error or injustice.  The Board is persuaded  the  applicant
had adequate time between 1  November  and  31  December  2001  to  make  an
election decision.  She did not provide any documentation to  indicate  that
she was not aware of this  change.   The  applicant  indicates  she  was  on
maternity leave in November 2001 and no one  in  her  squadron  was  briefed
regarding  the  FSGLI.   Other  than  her  own  assertions,   she   presents
insufficient evidence to support her assertion.  It appears that  while  the
applicant was stationed at a GSU, the information regarding the new  program
was sent to the applicant’s unit and  was  well  publicized  at  Fort  Hood,
where the applicant was stationed.  In addition, information  regarding  the
program was included on Leave and Earning Statements  commencing  in  August
2001.  In view of the foregoing, the applicant has not  established  to  our
satisfaction that she was unaware of the new program and her  responsibility
to decline coverage if she did not want her  spouse  covered    We  note  to
date, the applicant has still not declined FSGLI coverage in  writing,  even
though she was notified by HQ AFPC/DPW by telephone on 2 February  2004,  of
her  responsibility  to  do  so  to  prevent  future   premium   deductions.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an error or an 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 AFBCMR Docket Number  BC-2004-
00134 in Executive Session on 20 April 2004, under the provisions of AFI 36-
2603:

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

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 8 January 2004, w/atch.
   Exhibit B.  Letter, AFPC/DPW, dated 13 February 2004, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 20 February 2004.




                       JOSEPH G. DIAMOND
                       Panel Chair


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