RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03144
            INDEX CODE:  100.03

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: YES


MANDATORY CASE COMPLETION DATE:  10 APR 2006


__________________________________________________________________

APPLICANT REQUESTS THAT:

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

__________________________________________________________________

APPLICANT CONTENDS THAT:

She was briefed in Nov 01 of FSGLI benefits and did not choose to  have
coverage for her spouse.  She filled out SGLV 8285A in Nov 01 declining
coverage.  She does not have a copy of the form nor does the Air Force,
and she had not been paying for the benefit.  This was discovered  when
her spouse retired in Aug 04.

In support of her appeal, applicant submitted copies of her  Leave  and
Earnings Statements (LESs) for Mar 01, Sep 02, Nov 03, and Aug 04.

Applicant’s complete submission is at Exhibit A.

__________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving on active duty in the grade of colonel.

On 5 June 2001, Public Law 107-14, Survivor Benefits Improvement Act of
2001, was signed into law and was  the  enabling  legislation  for  the
FSGLI program.  The FSGLI which was implemented DoD-wide on 1  Nov  01,
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  SGLI  office.
The law mandated that coverage for spouses [to include military-married-
to-military  couples  (mil-mil   couples)]   and   dependent   children
automatically go into effect on the date of implementation so  long  as
the member was insured  under  the  SGLI  program,  unless  the  member
declined the coverage in writing.

Applicant’s Aug 04 LES reflects a Family SGLI deduction of $190.

__________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPF reviewed this application  and  recommended  denial.   They
state applicant claims FSGLI premiums were wrongfully  taken  from  her
pay because she declined coverage in writing in Nov 01.  Applicant does
not have a copy of her declaration, nor is there a copy in her record.

The Air Force put together an aggressive campaign to make members aware
of the program and their  benefits.   The  applicant’s  base  personnel
officials sent out information on the program to base organizations  by
letter and email--specifically  targeting  military-married-to-military
(mil-to-mil) couples.  The letters instructed the mil-to-mil couples to
update their spouse information in the Defense  Eligibility  Enrollment
Reporting System (DEERS).  The  DEERS  update  is  required  to  verify
eligibility and establish premiums payments.   The  applicant  did  not
comply with the instructions to  update  her  spouse’s  information  in
DEERS until Aug 04.

They recommend applicant’s request be denied due to  lack  of  evidence
that she declined coverage in writing.

A complete copy of the evaluation, with attachment, is at Exhibit C.

__________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 24
Nov 04 for review and comment 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.  Sufficient relevant evidence has been presented to demonstrate  the
existence of error or injustice.  In this respect, we note  applicant’s
contention that in November 2001,  she  filled  out  a  form  declining
Family Servicemember’s Group Life Insurance (FSGLI)  coverage  for  her
spouse; however, she does not have a copy of the form, nor does the Air
Force.  The Leave and Earnings Statements  provided  by  the  applicant
reflect that no premiums were deducted for FSGLI coverage until  August
2004.  Based on this, we find it reasonable for the applicant  to  have
assumed her declination for FSGLI had been properly processed and  that
she did not have FSGLI coverage.   Therefore,  we  recommend  that  the
applicant’s records be corrected as indicated below.

4.  The applicant's case is adequately documented and it has  not  been
shown  that  a  personal  appearance  with  or  without  counsel   will
materially add to our understanding of the issue involved.   Therefore,
the request for a hearing is not favorably considered.

__________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of  the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 30 October 2001, she
executed SGLV Form 8286A, Family Coverage Election, declining  coverage
for her spouse, effective 1 November 2001.

__________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-
2004-03144 in Executive Session on 22 February  2005  and  2 June 2005,
under the provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. James E. Short, Member
      Mr. James W. Russell III, Member

All  members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 4 Oct 04, w/atchs.
      Exhibit B.  Letter, HQ AFPC/DPF, dated 18 Nov 04.
      Exhibit C.  Letter, SAF/MRBR, dated 24 Nov 04.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair



AFBCMR BC-2004-03144




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 XXXXXXX, XXXXXXX, be corrected to show that on 30
October 2001, she executed SGLV Form 8286A, Family Coverage Election,
declining coverage for her spouse effective 1 November 2001.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency