RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03569
INDEX CODE: 128.14
XXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 25 May 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he declined Family Member Servicemember’s
Group Life Insurance (FSGLI) coverage and he be reimbursed for FSGLI
premiums he paid covering the periods 1 November 2001 through 31 July 2005
in the amount of $120.00.
________________________________________________________________
APPLICANT CONTENDS THAT:
Premiums for the FSGLI were deducted from his pay without his knowledge and
he does not know how FSGLI became activated on his behalf.
In support of his application, the applicant provided a copy of SGLV Form
8286A, Family Coverage Election and copies of his DFAS Form 702, Defense
Finance and Accounting Service Military Leave and Earnings Statement, for
the months of May through October 2005.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in the rank of
major. In June 2005, $90.00 was deducted from his pay for FSGLI premiums.
He declined FSGLI coverage on 22 July 2005 and was reimbursed for premiums
deducted from his pay from 1 August through 31 October 2005.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFC recommends the application be denied. DPFC states the Air Force
took adequate steps as directed to inform all members of this new program
and the requirements to decline coverage when applicable.
In accordance with public law, the applicant’s spouse was insured for
$100,000 for the period 1 November 2001 to 31 July 2005.
Had the applicant’s spouse become a fatality during this period, the
proceeds of the coverage would have been paid to him IAW 38 U.S.C. 1970.
The DPFC evaluation, with attachments, is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 16
December 2005 for review and comment within 30 days. As of this date, this
office has received no response.
_________________________________________________________________
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 injustice. After a thorough review of the
evidence of record and applicant’s submission, we are not persuaded the
applicant should be reimbursed for the FSGLI premiums from November 2001
through July 2005. Applicant’s contentions are duly noted; however, we do
not find these assertions, in and by themselves, sufficiently persuasive to
override the rationale provided by the office of primary responsibility.
We therefore agree with their recommendation and adopt the rationale
expressed as the basis for our decision that the applicant has failed to
sustain his burden of having suffered either an error or an injustice. In
view of the above and absent persuasive evidence to the contrary, we find
no compelling basis to recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of material error or injustice; that the application was
denied without a personal appearance; and
that 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 this application in Executive
Session on 8 February 2006, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Barbara R. Murray, Member
Ms. Dorothy P. Loeb, Member
The following documentary evidence was considered for AFBCMR Docket Number
BC-2005-03569:
Exhibit A. DD Form 149, dated 7 Nov 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letters, AFPC/DPFC, undated.
Exhibit D. Letter, SAF/MRBR, dated 16 Dec 05.
THOMAS S. MARKIEWICZ
Chair
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