RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00964
INDEX CODE: 100.03
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 31 AUG 2007
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be reimbursed the Family Servicemembers’ Group Life Insurance
(FSGLI) premiums deducted from his pay.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He is currently being charged FSGLI premiums dating back to the
date of marriage (28 May 04). However, his spouse was active duty
Army when they were married. On 1 Feb 06, she separated from the
Army and he was advised by Defense Enrollment Eligibility Reporting
System (DEERS) that FSGLI was only charged if you have dependents,
and his spouse did not become his dependent until her separation.
In support of his appeal, applicant submitted a copy of his
military spouse’s DD Form 214, Certificate of Release or Discharge
from Active Duty, dated 1 Feb 06 (verifying her separation date);
his marriage certificate, and a copy of his Leave and Earnings
Statement, for 1 – 31 Mar 06.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant is currently serving on active duty in the grade of
senior airman.
On 5 June 2001, Public Law 107-14, Survivor Benefits Improvement
Act of 2001, was the enabling legislation for the FSGLI program.
The FSGLI which was implemented DoD-wide on 1 Nov 01, made it
possible for service members 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 SGLI office.
The law mandated that coverage for spouses [to include military-
married-to-military couples (mil-mil couples)] and dependent
children automatically go into effect on the date of implementation
so long as the member was insured under the SGLI program. 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.
Applicant’s 31 Mar 06 LES reflects a Family SGLI deduction of $138.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPF reviewed this application and recommended denial.
Applicant claims that DEERS personnel explained that FSGLI applies
only to service members with dependents and not to active duty
military members with an active duty spouse who are already covered
under SGLI.
Specific instructions were also provided to all Air Force bases on
the procedures they needed to follow in order to ensure that
military married to other military members were properly charged
for this new benefit. The Air Force fully complied with the law by
providing information in advance of implementations so that members
could make an informed decision.
The applicant’s base personnel officials advised that each member
is briefed on FSGLI policies whenever DEERS is updated with a date
of marriage. In addition, it seems that the applicant was aware of
the FSGLI program when he signed a SGLV 8286A, Family Coverage
Election on 29 Jul 05 selecting full FSGLI coverage for his spouse.
A complete copy of the evaluation, with attachment, is at Exhibit
C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 28 Apr 06 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit D).
___________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or 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 office of primary responsibility and adopt its rationale
as the basis for our conclusion that the applicant has not been the
victim of an error or injustice. Therefore, in the absence of
evidence to the contrary, we find no compelling basis to recommend
granting the relief sought in this application.
___________________________________________________________________
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 AFBCMR Docket Number
BC-2006-00964 in Executive Session on 22 June 2006, under the
provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Glenda H. Scheiner, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Mar 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPFC, dated undated, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 28 Apr 06.
THOMAS S. MARKIEWICZ
Chair
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