RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-01324
                                             INDEX CODE:  100.03
                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  05 SEPTEMBER 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

He be  reimbursed  the  Family  Servicemembers’  Group  Life  Insurance
(FSGLI) premiums deducted from his pay from 1 November 2001 through  31
October 2005.

___________________________________________________________________

APPLICANT CONTENDS THAT:

In October 2005, he noticed a debt of $411.50 for the  FSGLI  premiums.
He does not remember being asked if he needed this type  of  insurance.
At that time, his spouse was enlisted in the Air Force  and  would  not
have accepted the FSGLI.

He was not aware FSGLI applies to active duty military members with  an
active duty spouse who are already covered under SGLI.

He completed a request for remission of this debt, and the request  was
denied.

In support of his appeal, applicant  submitted  a  personal  statement,
copies of e-mails, and a memorandum  from  the  Customer  Service  Team
Leader at XXXXXXXX AFB.

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.  His Total Active Federal Military Service Date (TAFMSD) is 5
February 1985.

On  5  June  2001,  Public  Law  107-14,  Veterans’  Survivor  Benefits
Improvement Act of 2001, was signed into law, which  was  the  enabling
legislation for the FSGLI program.  The FSGLI which was implemented DoD-
wide on 1 Nov 01, made it possible for servicemembers 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)    and    dependent    children
automatically go into effect on the date of implementation so  long  as
the member was insured under the Servicemembers’ Group  Life  Insurance
(SGLI) program.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPFC reviewed this application and recommended denial.

DPFC states that leadership took adequate steps as directed  to  inform
all members of this  program.   Additionally,  the  applicant  did  not
provide any documentation to indicate that he was  not  aware  of  this
change and his responsibility to make an election decision.

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 implementation so that members could make  an
informed decision.  In addition to comments about  FSGLI  appearing  in
the remarks section of every member’s Leave and Earnings Statement from
30 Aug  –  15  Nov  01,  officials  at  Moody  AFB  advised  that  this
information  about  the  program  was  provided  to  Commanders,  First
Sergeants, and Top 3.  Also, in Nov 01, personnel at Moody AFB sent  an
email to First  Sergeants  specifically  identifying  military  members
married to other military members.  They  were  advised  to  visit  the
Military Personnel Flight (MPF), customer service and ensure the  DEERS
system is updated correctly.
In accordance with public law, his spouse was insured for $100,000  for
the period 1 Nov 01 – 31 Oct 05.  Had  his  spouse  become  a  fatality
during this period, the proceeds of $100,000 coverage would  have  been
paid to him.  DPFC concludes, however, if the Board’s  decision  is  to
approve his request, the record should be corrected to terminate  FSGLI
coverage and reimburse the premiums effective    1 Nov 01.

A complete copy of the evaluation, with attachments, is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19
May 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 timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate
the existence of error or injustice warranting  reimbursement  for  the
applicant’s  Family  Servicemember’s  Group  Life   Insurance   (FSGLI)
premiums deducted from  his  pay.   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 note that the Air Force  provided
information in advance of the FSGLI program  implementation  by  adding
comments in the remarks section of every member’s  Leave  and  Earnings
Statement (LES) from 30 August –       15 November 2001.  In  addition,
the Air Force advises that the applicant’s unit took adequate steps  to
announce the program changes and to inform all members of this  program
and it was the applicant’s responsibility to make a new election or  to
refuse these benefits.    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 Docket  Number        BC-
2006-01324 in Executive Session on 28 June 2006, under  the  provisions
of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Grover L. Dunn, Member
      Mr. John E.B. Smith, Member

The following documentary evidence pertaining to Docket  Number     BC-
2006-01324 was considered:

    Exhibit A.  DD Form 149, dated 25 Apr 06, w/atchs.
    Exhibit B.  Letter, AFPC/DPFC, undated, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 19 May 06.




                                             MICHAEL J. NOVEL
                                             Panel Chair