RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01913
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 25 DECEMBER 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be reimbursed for premiums deducted from her pay for Family
Servicemen’s Group Life Insurance (FSGLI).
_________________________________________________________________
APPLICANT CONTENDS THAT:
In November 2001, her active duty spouse paid for SGLI in his own
right and had the maximum allowable insurance for the carrier 400K.
She took no action to enroll him in DEERS and was not advised of the
requirement to do so. Additionally, she did not elect additional
coverage nor advised of the requirement to do so.
A FSGLI deduction began 1 March 2006 as a result of her active duty
spouse retiring. Without notice or warning, on 1 April 2006 a
garnishment of $580 appeared on her LES. Inquiry from our local
finance, DFAS, Cleveland, and DFAS, Denver found this debt dates back
to November 2001, for life insurance on her then active duty spouse,
that she did not request and did not have the opportunity to accept or
decline. Currently her pay is being garnished for FSGLI (dating back
to November 2001). She did not enroll her active duty spouse as her
dependent and did not elect FSGLI because she did not have an adult
dependent. Her dependent minor children were covered under her SGLI as
riders to the policy. If her service record needs to be corrected, it
must be to enroll her active duty spouse under DEERS as her dependent
and decline the additional insurance coverage.
In support of her application, she submits a copy of her (LES).
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Air Force in the grade of
senior master sergeant.
Applicant’s April LES shows a $580.00 debt.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFC recommends denial and states it is their opinion the
Peterson AFB leadership took adequate steps as directed to inform all
members of this program. Additionally, the applicant did not provide
any documentation to indicate she was not aware of this change and her
responsibility to make an election decision. In accordance with public
law, the applicant's spouse was insured for $100,000 for the period 1
November 2001 through 31 January 2006. Had the applicant's spouse
become a fatality during this period, the proceeds of the $100,000
coverage would have been paid to her IAW 38 U.S.C. 1970.
AFPC/DPFC complete evaluation is attached at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the Air Force evaluation and states as a point of
clarification, she is requesting reimbursement for the premiums
deducted from May 2006 to present. As previously stated, she was not
aware additional coverage was being provided for her then active duty
spouse. She had been into the Military Personnel Flight on Peterson
AFB on several occasions since November 2001 to enroll a child that
had become her dependent in DEERS, request coverage for him through
the family SGLI, and annual record reviews as required. Additionally,
she has reviewed her insurance coverage at least twice since PCSing to
Wright Patterson and no one indicated to her the requirement to elect
or decline coverage for her active duty spouse.
Applicant's complete response, with attachments, is at 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. Sufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. After thoroughly reviewing the
evidence of record and noting the applicant’s complete submission, the
majority of the Board believes she may have been mislead regarding her
FSGLI eligibility. In this respect, the majority of the Board notes
that although the applicant was automatically enrolled in the FSGLI,
based on her failure to decline coverage during the month of November
2001, premiums were not initially deducted from her pay. Since her
LESs indicated that FSGLI premiums were not being deducted from her
pay, the majority of the Board believes it was reasonable for her to
believe that she was not enrolled in the FSGLI. She states that had
she seen the FSGLI premiums being deducted from her pay, she would
have taken action to declined coverage. Therefore, the majority of the
Board recommends the applicant’s records be corrected to the extend
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 31 October 2001,
she executed SGLV - 8286A, Family Coverage Election, declining
coverage for her spouse, effective 1 November 2001.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2006-
01913 in Executive Session on 15 August 2006, under the provisions of
AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. LeLoy W. Cottrell, Member
Ms. Karen A. Holloman, Member
By a majority vote, the Board recommended to grant the applicant’s
request. Ms. Cottrell voted to deny the applicant’s request and does
not wish to submit a Minority Report.
The following
documentary evidence pertaining to Docket Number BC-2006-01913 was
considered:
Exhibit A. DD Form 149, dated 13 Jun 05, w/atch.
Exhibit B. Letter, AFPC/DPFC, dated 30 Jun 06.
Exhibit C. Letter, SAF/MRBR, dated 14 Jul 06.
Exhibit D. Letter, Applicant’s Response, 19 Jul 06.
RICHARD A. PETERSON
Panel Chair
AFBCMR
1535 Command Drive EE Wing 3rd Floor
Andrews AFB, MD 20762-7002
Your application to the Air Force Board for Correction of
Military Records, AFBCMR BC-2006-01913, has been finalized.
The Board determined that the military records should be
corrected as set forth in the attached copy of a Memorandum for the
Chief of Staff, United States Air Force. The office responsible for
making the correction(s) will inform you when your records have been
changed.
After correction, the records will be reviewed to determine if
you are entitled to any monetary benefits as a result of the
correction of records. This determination is made by the Defense
Finance and Accounting Service (DFAS-DE), Denver, Colorado, and
involves the assembly and careful checking of finance records. It may
also be necessary for the DFAS-DE to communicate directly with you to
obtain additional information to ensure the proper settlement of your
claim. Because of the number and complexity of claims workload, you
should expect some delay. We assure you, however, that every effort
will be made to conclude this matter at the earliest practical date.
Sincerely
RALPH J. PRETE
Chief Examiner
Air Force Board for Correction
of Military Records
Attachment:
Copy of Directive
w/Cy of Proceedings
cc:
DFAS-DE
AFBCMR BC-2006-01913
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 31 October
2001, she executed SGLV - 8286A, Family Coverage Election, declining
coverage for her spouse, effective 1 November 2001.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
ARMY | DRB | CY2005 | 20050016135
In similar cases, the DFAS has indicated that the DEERS provides the collection data and once a spouse is registered in DEERS, the deduction for FSGLI is made retroactive to 1 November 2001, or the date of marriage whichever is later if no action to decline FSGLI has been taken. Further, the implementation instructions for the FSGLI program clearly stipulated that in the case of married couples on active duty, premiums would be automatically deducted from each spouse’s pay for coverage of...
AF | BCMR | CY2006 | BC-2005-03487
In this respect, we note that Public Law 107-14 established the FSGLI program that was implemented on 1 November 2001, making it possible for servicemembers to provide up to $100,000 coverage for their spouse and $10,000 coverage for their dependent children through the Office of Servicemembers’ Group Life Insurance. On 19 May 2005, she again declined FSGLI coverage and has been refunded the premiums from June 2005 through October 2005. ...
AF | BCMR | CY2006 | BC-2006-01073
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. 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. ...
AF | BCMR | CY2007 | BC 2007 03359
Ultimately, targeting military to military couples demonstrates the flaws in the DFAS and MPF processes that have existed for nearly six years and now the military members are being held financially responsible for DFAS/MPF process and communication errors. For spouses and children of military members with current Servicemembers Group Life Insurance (SGLI) coverage, coverage was automatic and commenced on 1 Nov 01 unless members opted out between 1 Nov 01 and 31 Dec 01. ...
AF | BCMR | CY2006 | BC-2006-00964
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 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. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and...
AF | BCMR | CY2006 | BC-2005-02590
The applicant submitted excerpts from her November 2001 LES that stated “Family SGLI effective November 2001, reduce or decline spouse’s coverage by 31 December to receive a refund…” The applicant was provided ample time to decline coverage upon the start of the Air Force’s FSGLI advertisement campaign. She stated she was deployed in November 2001, but no orders were provided to support her case. According to DPFC the November 2001 statement clearly states to reduce or decline coverage by...
ARMY | DRB | CY2006 | 20060000439
Richard G. Sayre | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Further, the implementation instructions for the FSGLI program clearly stipulated that in the case of married couples on active duty, premiums would be automatically deducted from each spouse’s pay for coverage of his or her spouse. Absent any evidence of record showing the applicant and/or his spouse complied with the DEERS registration procedures and...
AF | BCMR | CY2005 | BC-2004-03144
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, unless the member declined the coverage in writing. The Leave and Earnings Statements provided by the applicant reflect that no premiums were deducted for FSGLI coverage until August 2004. Exhibit C. Letter, SAF/MRBR, dated 24 Nov 04.
ARMY | BCMR | CY2008 | 20080004398
IN THE CASE OF: BOARD DATE: 29 July 2008 DOCKET NUMBER: AR20080004398 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's record does not contain a copy of a declination for FSGLI coverage (SGLV Form 8286A). ALARACT Message 040/2007 (CORRECTED COPY), provided information for Soldiers and commands in all components within the Army of their FSGLI requirements, and to established Army procedures for collecting past due FSGLI premiums from Soldiers who received FSGLI coverage...
AF | BCMR | CY2005 | BC-2005-02611
Applicant’s complete submission, with attachments, is at Exhibit A. On 9 August 2005, the applicant completed an SGLV Form 8286A, Family Coverage Election, declining coverage. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFC recommended denial indicating Air Force leadership took adequate steps to inform all members of this new program and the applicant had adequate time to make an election decision.