RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01073
            INDEX CODE:  128.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  5 OCTOBER 2007
_________________________________________________________________

APPLICANT REQUESTS THAT:

She be reimbursed for Family Servicemembers’ Group Life Insurance (FSGLI)
premiums deducted from her pay in the amount of $342.00.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She noticed the debt of $342.00 on her Dec 05 Leave and  Earnings  Statement
(LES).  She had not signed up for FSGLI and it now appears she  has  a  debt
backdated to 2001.  The first notification of the debt was when she  printed
out her Dec 05 LES on 27 Dec 05; however, she did not know what it was for.

In support of the application, the applicant submits personal statements, e-
mail traffic, copies of LES forms, and a  copy  of  her  SGLI  Election  and
Certificate.  Her complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant is  currently  serving  on  active  duty  in  the  rank  of
lieutenant colonel (0-5).  Her Total Active Federal Military Service Date
is 25 Oct 1986.

Prior to  December  2005,  no  FSGLI  premiums  were  deducted  from  the
applicant’s pay.  Her Dec 05 LES shows a debt of $342  initiated  by  the
finance office for FGSLI premiums  that  had  never  been  collected.   A
monthly payment of $40.00, in addition  to  regular  FSGLI  payments,  is
currently being deducted.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPFC recommends denial of the applicant’s request.  DPFC states  the
FSGLI program was implemented DoD–wide on 1 November  2001.   DPFC  explains
the law mandated that coverage for spouses (to include  military-married-to-
military couples (mil-to-mil)) and dependent children automatically go  into
effect on the date of implementation so  long  as  the  member  was  insured
under the SGLI program.  DPFC states adequate steps  were  taken  to  inform
all members of the FSGLI program and the applicant had  ample  time  between
1 Nov 01 and 31 Dec 01 to make an election decision.  Additionally, she  did
not provide any documentation to indicate that she  was  not  aware  of  the
change and her responsibility to make an election decision.   In  accordance
with public law, her spouse was insured for $100,000 for  the  period  1 Nov
01 – 31 Mar 06; and, had her spouse become a  fatality  during  this  period
the proceeds of the $100,000 coverage would have been  paid  to  her.   DPFC
concludes, however, if the Board’s decision is to approve her  request,  the
record should be corrected to terminate  SGLI  coverage  and  reimburse  the
premiums effective 01 Nov 01.

DPFC’s evaluation, with attachments, is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In her response dated 15 May 2006, the  applicant  disagrees  with  the  Air
Force recommendation.  She explains that  throughout  her  military  career,
she has been considered at single-rate  for  various  military  programs  to
include family housing.  Both she and her husband received  single  rate  or
without dependent rate until her first child was born.  At  that  time,  she
knew either she or her spouse was entitled to “with dependent”  rate.   This
is how she  thought  of  FSGLI.   She  and  her  husband  are  both  covered
separately under SGLI as military active  duty  members.   She  can  vaguely
remember years ago when  FSGLI  started  and  the  newspaper  articles  were
published.  She notes the article does not specifically mention  mil-to-mil,
or that your active duty  spouse  is  considered  your  dependent  for  this
program, or that if an election is not made payments would automatically  be
deducted from your pay.  The article did state children were  covered  under
FSGLI without cost to the military member, so she interpreted this  to  mean
that since her husband was an active duty member with his own SGLI that  her
children would not cost her anything.

Her finance office had to research the debt with  the  Defense  Finance  and
Accounting Services (DFAS) office.  It was later determined that  FSGLI  was
added to her pay in Nov 05 which showed up in her Dec  05  LES  stating  the
debt was backdated from 2001.  If the debt had shown up  in  2001  or  2002,
she would have made inquires at  the  finance  office  at  that  time.   She
should not be held responsible for years of indebtedness because of  someone
else’s oversight (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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of probable injustice.  After careful  consideration  of  all  the
facts and circumstances  of  applicant’s  case,  we  are  persuaded  by  the
documentation provided that the applicant was unaware of the laws  governing
the SGLI program until she received her Dec 05 Leave and Earnings  Statement
(LES).  We believe that, had the applicant been aware  that  she  could  opt
out she would have initiated the appropriate paperwork  at  that  time.   In
view of the foregoing, we recommend that, in the interest  of  justice,  any
doubt be resolved in favor of the applicant and her records be corrected  as
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 on 1 November 2001, she  executed  an
SGLV  Form  8286,  Servicemen’s  Group  Life   Insurance   (SGLI)   Election
Certificate, declining any and all coverage, effective 1 November 2001.

_________________________________________________________________

The following members  of  the  Board  considered  AFBCMR  BC-2006-01073  in
Executive Session on 13 July 2006, under the provisions of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Jan Mulligan, Member
                 Ms. Josephine L. Davis, Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 31 Mar 06 w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPFC, undated, w/atchs.
      Exhibit D.  Letter, SAF/MRBR, dated 5 May 06.
      Exhibit E.  Letter, Applicant, 15 May 06.



                                   RICHARD A. PETERSON
                                   Panel Chair







AFBCMR BC-2006-01073



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 APPLICANT, be corrected to show that on 1 November 2001,
she executed an SGLV Form 8286, Servicemen’s Group Life Insurance (SGLI)
Election Certificate, declining any and all coverage, effective 1 November
2001.




            JOE G. LINEBERGER
                                        Director