RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-03487
                                             INDEX CODE:  100.00
      XXXXXXX                           COUNSEL:  NONE

      XXXXXXX                           HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  18 May 2007


________________________________________________________________

APPLICANT REQUESTS THAT:

Her  records  be  corrected  to  show  that  she  declined   Family   Member
Servicemembers’ Group Life Insurance (FSGLI) and she be reimbursed  for  the
premiums deducted from her pay since 1 November 2001.

________________________________________________________________

APPLICANT CONTENDS THAT:

She never elected to receive FSGLI coverage.  She and her  spouse  are  both
active duty and the regular coverage under the  Servicemembers’  Group  Life
Insurance (SGLI) program is more than enough insurance.

In support of  the  appeal,  applicant  submits  copies  of  her  Leave  and
Earnings Statements (LESs) for the period 1 March 2005  through  31  October
2005.

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

________________________________________________________________

STATEMENT OF FACTS:

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

On 5 June 2001, the Veteran’s Survivor Benefits Improvement Act of 2001  was
signed into law, making it possible for servicemembers to take out low  cost
insurance on their spouse for up to $100,000 and $10,000 life insurance  for
dependent children (no cost) through the Office of SGLI.  The  law  mandated
coverage for spouses (to include military-married-to-military  couples)  and
dependent children would  automatically  go  into  effect  on  the  date  of
implementation (1 November 2001), so long as the member  was  insured  under
the SGLI.

On 19 May 2005, the applicant declined FSGLI coverage.  The Defense  Finance
and Accounting Service (DFAS) reimbursed the applicant FSGLI  premiums  from
June 2005 through October 2005.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPFC recommends the application be denied and  states,  in  part,  that
the Pope AFB leadership took adequate steps to inform  all  members  of  the
new program.  The Air Force put together  an  aggressive  campaign  to  make
members aware of the program and their benefits.  In  addition  to  comments
about FSGLI appearing in the remarks section of every member’s LES  from  30
August to  15  November  2001,  official  at  Pope  AFB  advised  them  that
information about the program was provided to commanders,  First  Sergeants,
Chiefs’ Group and Commander Support  Staffs  (CSS)  effective  25  September
2001.  The information specifically addressed the issue of military  couples
being insured under FSGLI.  In was also publicized in the base newspaper  on
26 October 2001.

The AFPC/DPFC evaluation, with attachments, is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation  was  forwarded  to  the  applicant  on  9
December 2005, for review and comment, within 30 days.  However, 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 that  Public  Law
107-14 established the FSGLI program  that  was  implemented  on  1 November
2001, making it possible  for  servicemembers  to  provide  up  to  $100,000
coverage for their spouse and $10,000 coverage for their dependent  children
through the Office of Servicemembers’ Group Life Insurance.   The  coverage,
by law, was automatic for all members of the Armed Forces who had  a  spouse
and/or children, unless the member declined coverage.  Members who  did  not
desire coverage had to complete an election declining  coverage  during  the
month of November 2001.   Applicant  states  that  she  previously  declined
FSGLI coverage; however, on 18 May 2005, she received  an  email  indicating
she never declined FSGLI coverage.  In addition, her April  2005  Leave  and
Earnings Statement (LES) indicated that FSGLI premiums  were  deducted  from
her pay.  On 19 May 2005, she again declined FSGLI  coverage  and  has  been
refunded the premiums from June 2005 through October 2005.  In view  of  the
above, we believe  the  applicant  took  adequate  steps  to  decline  FSGLI
coverage during the month  of  November  2001.   Further,  since  the  FSGLI
premiums did not appear on her LES until April 2005, she had  no  reason  to
believe that her declination  of  FSGLI  coverage  had  been  lost  and  not
processed.  Therefore, in  view  of  the  above,  we  recommend  applicant’s
records be corrected to the extent indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be  corrected  to  show  that  she  filed  a  Family  Coverage
Election, SGLV – 8286A, on 31 October 2001, declining coverage.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2005-
03487 in Executive Session on 24 January 2006, under the provisions  of  AFI
36-2603:

            Ms. Marilyn M. Thomas, Vice Chair
            Mr. Vance E. Lineberger, Member
            Mr. Jay H. Jordan, Member

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

     Exhibit A.  DD Form 149, dated 2 Nov 05, w/atchs.
     Exhibit B.  Letter, AFPC/DPFC, dated 8 Dec 05, w/atchs.
     Exhibit C.  Letter, SAF/MRBR, dated 9 Dec 05.




                                   MARILYN M. THOMAS
                                   Vice Chair



AFBCMR BC-2005-03487




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, be corrected to show that she filed a Family Coverage
Election, SGLV – 8286A, on 31 October 2001, declining coverage.







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency