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AF | BCMR | CY2006 | BC-2005-03569
Original file (BC-2005-03569.doc) Auto-classification: Denied

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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