RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01701
            INDEX NUMBER:  137.00
      XXXXXXXXXXXXXXXX COUNSEL:  NONE

            HEARING DESIRED:  Yes


MANDATORY CASE COMPLETION DATE:  1 Dec 07


_________________________________________________________________

APPLICANT REQUESTS THAT:

She be entitled to receive the proceeds of the Family  Servicemembers’
Group Life Insurance (FSGLI) policy she paid premiums for.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She married her husband, now deceased, on 15 Dec 03.  He  died  on  29
Jan 06.  She paid the monthly premiums for the FSGLI.

She is being penalized because her husband was  not  legally  divorced
from his previous spouse before entering into a  legal  marriage  with
her.  The state of North Carolina (NC) recognizes her marriage because
it accepted her husband’s divorce decree and believed it to be a legal
document.  The military previously accepted both marriage  certificate
and divorce decree, but now refuse to recognize them.

In support of her appeal, applicant provides a copy of her certificate
of marriage to her deceased husband filed in the state of NC,  a  copy
of her divorce decree  filed  in  the  state  of  NC  for  a  previous
marriage, a copy of her deceased husband’s divorce decree filed in the
state of Florida, a copy of permanent change of station orders on  her
deceased husband, a copy of a  report  of  personal  information  that
appears to be printed from official Air Force personnel files,  and  a
copy of form SGLV-8283A, Claim for  Family  Coverage  Death  Benefits,
which indicates her deceased  husband  as  her  dependent  spouse  and
certifies coverage in the amount of $100,000.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is presently serving on active  duty  in  the  grade  of
technical sergeant (TSgt).  According to information provided  by  the
Air Force OPR, applicant submitted a FSGLI claim on 15  Mar  06  after
the death of her apparent husband, an Air Force member, on 29 Jan  06.
However, upon subject husband’s death, the Air Force was  informed  he
was still legally married at the time to  another  individual.   As  a
result, the Office of Servicemembers’  Group  Life  Insurance  (OSGLI)
denied the applicant’s FSGLI claim.

The applicant married her husband in the state of NC  on  15  Dec  03.
The  marriage  was  updated  in  the  Defense  Enrollment  Eligibility
Reporting System  (DEERS)  and  premiums  for  the  FSGLI  were  being
deducted from the applicant’s pay.  However, after it  was  determined
the deceased husband was still legally married to someone else,  OSGLI
determined the  applicant’s  marriage  to  her  deceased  husband  was
invalid for payment of FSGLI.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPFC  recommends  denial  of  the  applicant’s   request.    They
contacted OSGLI and requested they reevaluate  the  applicant’s  case.
OSGLI’s law department stated that for a FSGLI claim to be payable,  a
valid marriage must have  occurred.   OSGLI  stands  by  its  original
decision that the applicant is not entitled to a FSGLI payment.

The complete evaluation 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 Jul 06 for review and comment within 30 days.  To date, a  response
has not been received.

ADDITIONAL EVALUATION:

Pursuant to the Board’s request, the Air Force  Review  Boards  Agency
Legal Advisor reviewed the applicant’s request.  He advises  that  the
applicant’s request is outside the purview of the Board because  there
is no record to correct.  He  recommends  denial  of  the  applicant’s
appeal if she does not elect to voluntarily withdraw the application.

The complete evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT’S REVIEW OF ADDITIONAL EVALUATION:

A copy of the additional evaluation was forwarded to the applicant  on
16 Aug 06 for review and comment within 15 days.  To date, a  response
has not been received.

_________________________________________________________________

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.   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
Review Boards Agency Legal Advisor and  adopt  his  rationale  as  the
primary basis for our conclusion that  the  issue  the  applicant  has
brought before this Board is outside our purview.  We  note  that  the
issue in dispute, validity of  the  applicant’s  marriage,  cannot  be
resolved through the correction of an Air Force record.   Even  if  we
were inclined to believe the applicant’s appeal has merit, it  appears
it will have to be resolved through a court  of  law.   Therefore,  we
find no  basis  to  recommend  granting  the  relief  sought  in  this
application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of   the   issues   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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-
01701 in Executive Session on 20 September 2006, under the  provisions
of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Wallace T. Beard, Jr., Member
      Ms. Karen A. Holloman, Member

The following documentary evidence was considered in Docket Number BC-
2006-02142:

    Exhibit A.  DD Form 149, dated 9 May 06.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPFC, undated.
    Exhibit D.  Letter, SAF/MRBR, dated 28 Jul 06.
    Exhibit E.  Memorandum, SAF/MRB Legal Advisor,
                dated 16 Aug 06.
    Exhibit F.  Letter, AFBCMR, dated 16 Aug 06.




                                   MICHAEL J. NOVEL
                                   Panel Chair