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AF | BCMR | CY2005 | BC-2005-02611
Original file (BC-2005-02611.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02611
            INDEX CODE:  128.14

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  22 FEB 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

She believes the record to be in error and unjust.  She  indicates  she  was
not briefed about the FSGLI and was charged for FSGLI for  her  husband  who
was serving  on  active  duty.   Her  Leave  and  Earnings  Statement  (LES)
indicates she had SGLI coverage only.

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.

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.

On 9 August 2005,  the  applicant  completed  an  SGLV  Form  8286A,  Family
Coverage Election, declining coverage.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPFC recommended denial indicating 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 IAW 38  U.S.C.
1970.

The evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicated  she  was  on  bed  rest
from 1 March through 26 July 2001  and  did  not  return  to  work  until  1
October 2001.  Therefore, during that time frame, she did  not  have  access
to those things indicated in attachment one of the Air Force evaluation.

The applicant’s response is at Exhibit E.

_________________________________________________________________

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  its
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  she
was not aware of this change.  The applicant indicates she was on  bed  rest
from 1 March through 26 July  2001  and  was  never  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 Andrews Air Force  Base,  the  information  regarding  the  new
program was publicized in the  base  newspaper.   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 the applicant declined coverage in  writing  on  9  August
2005.  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 the evidence presented  did  not  demonstrate  the
existence of an error or injustice; the application  was  denied  without  a
personal appearance; and 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-2005-
02611 in Executive Session on 15 November 2005, under the provisions of  AFI
36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Jean A. Reynolds, Member
                 Ms. Janet I. Hassan, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 11 Aug 05, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPFC, undated, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 16 Sep 05.
   Exhibit E.  Letter, Applicant, undated.




                       RICHARD A. PETERSON
                       Panel Chair

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