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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