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AF | BCMR | CY2005 | BC-2005-01252
Original file (BC-2005-01252.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01252
            INDEX CODE:
            COUNSEL:  NONE


            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  15 AUGUST 2006

___________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be corrected to show  that  she  declined  Family  Servicemen
Group Life Insurance  (FSGLI)  on  1  November  2001,  and  that  she  be
reimbursed $290.00 for premiums deducted from her pay.
___________________________________________________________________

APPLICANT CONTENDS THAT:

She declined FSGLI coverage in November 2001 because she and  her  spouse
were already paying SGLI premiums.  From November  2003  through  January
2004, without prior  notice  from  the  Defense  Finance  and  Accounting
Services (DFAS) or her authorization, $97.67 per month was deducted  from
her pay for FSGLI premiums dating back to the start of the program.   She
discovered these deductions mid-December 2003, and began  an  inquiry  in
January 2004.  In April 2004, she established the deductions were related
to FSGLI; however, neither her Military Personnel Flight (MPF) nor  local
finance office could explain the deductions.  Her MPF  could  not  locate
her original declination form, so she  filed  a  second  form.   She  was
reimbursed for one premium, but was not reimbursed for  prior  deductions
totaling $290.00.  She requested an official  inquiry  through  the  AFPC
Case Management System, and was provided the following  information:   1)
$290.00 deducted from her pay was owed for FSGLI  premiums  from  October
2001 through November 2003; 2)  a computer “bump” in November 2003 caused
FSGLI deductions to be restarted retroactively from October 2001; and  3)
the personnel website that her MPF  has  access  to  reflects  her  FSGLI
declination in 2001 but the signed form is  missing  from  her  personnel
records.  She was informed by DFAS that her only remedy for reimbursement
was to file an application with the Air Force  Board  for  Correction  of
Military Records.

In support of the application, the applicant submits  extracts  from  the
Case Management System – both MPF and member  access,  and  IG  complaint
form and response, e-mail  correspondence  with  her  MPF,  LESs  –  both
applicant’s and her spouse’s, and a new FSGLI declination form.

The applicant's complete submission, with attachments, is at Exhibit A.
___________________________________________________________________

STATEMENT OF FACTS:

The applicant is  currently  serving  on  active  duty  in  the  rank  of
lieutenant colonel (0-5).  Her Total Active Federal Military Service Date
is 15 June 1987.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPF recommends the application be denied due to lack of evidence.
 DFP states the FSGLI program was  implemented  DoD–wide  on  1  November
2001.  DPF explains the  law  mandated  that  coverage  for  spouses  (to
include military-married-to-military couples (mil-to-mil)) and  dependent
children automatically go into effect on the date  of  implementation  so
long as the member was insured under the SGLI program.   DPF  states  the
Air Force fully complied with the law by providing information in advance
of implementation so that members could make an informed  decision.   The
letters instructed mil-to-mil couples to update their spouse  information
in the Defense Eligibility Enrollment Reporting System (DEERS)  no  later
than 31 December  2001.   The  applicant  did  not  update  her  spouse’s
information in DEERS until October 2003.  When this was accomplished, her
premiums, as well as allowed premiums, began being deducted.

In regards to the applicant’s claim that an update on the  FSGLI  website
reflecting that the coverage was declined in October 2001 proves that she
declined the coverage in writing;  however,  DPF  points  out  her  claim
contains an e-mail from an MPF official stating that the cancellation was
backdated.

DFP concludes that had the applicant’s spouse become  a  fatality  during
this period, the proceeds of the $100,000 coverage would have  been  paid
to her IAW 38 US.C. 1970.

DPF’s evaluation, with attachments, is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  evaluation  was  forwarded  to  the  applicant  for
review  and  comment  on  27  May  2005.   The  applicant   reiterated   her
contentions,  and  provided   her   detailed   refutations   regarding   the
recommendations of the Air Force office of responsibility (Exhibit E).

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was time filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.  After reviewing  the  applicant’s
submission and the evidence of record, the Board majority is  not  persuaded
that the applicant’s records are in error or that she has  been  the  victim
of an injustice.  The applicant was  properly  charged  with  a  debt  as  a
result of the passage of Public  Law  107-14,  effective  1  November  2001,
which automatically extended Servicemember’s  Group  Life  Insurance  (SGLI)
coverage to spouses  and  children  if  the  military  member  was  an  SGLI
participant.  Other than her own assertions, the applicant has  provided  no
evidence to support her statement that she did  decline  FSGLI  coverage  in
2001.  Therefore, the applicant’s request is not favorably considered.
___________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of  error  or  injustice
and recommends the application be denied.
_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2005-01252
in Executive Session on 6 December 2005, under the  provisions  of  AFI  36-
2603:

                 Mr. Michael V. Barbino, Panel Chair
                 Ms. Janet I. Hassan, Panel Member
                 Ms. LeLoy W. Cottrell, Panel Member

By a majority vote, the members voted to deny the request.   Mr. Michael  V.
Barbino voted to correct the record and did not desire to submit a  minority
report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Apr 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPF, dated 23 May 05 w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 27 May 05.
    Exhibit E.  Applicant’s Rebuttal, undated, w/atchs.



      MICHAEL V. BARBINO
      Panel Chair


AFBCMR BC-2005-01252





MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                 FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of


      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant
had not provided substantial evidence of error or injustice and
recommended the case be denied.  I concur with that finding and their
conclusion that relief is not warranted.  Accordingly, I accept their
recommendation that the application be denied.

      Please advise the applicant accordingly.




      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency

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