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AF | BCMR | CY2006 | BC-2006-02078
Original file (BC-2006-02078.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02078
            INDEX CODE: 128.14
      XXXXXXXXXXXXXXXXX      COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  16 JAN 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he declined Family  Member  Servicemember’s
Group Life Insurance  (FSGLI)  coverage  and  he  be  reimbursed  for  FSGLI
premiums he paid covering the periods 1 November 2001 through  12  May  2006
in the amount of $483.00.

________________________________________________________________

APPLICANT CONTENDS THAT:

He first became aware of FSGLI when premiums were deducted from his  pay  in
April 2006, and once he  became  aware  of  FSGLI  he  immediately  declined
coverage.

In support of his application, the applicant provided a copy of SGLV Form
8286A, Family Coverage Election and a copy of his DFAS Form 702, Defense
Finance and Accounting Service Military Leave and Earnings Statement (LES),
for the month of April 2006.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the  rank  of
senior master sergeant.  In April 2006, $483.00 was deducted  from  his  pay
for FSGLI premiums.  He declined FSGLI coverage on 12 May 2006.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPFC recommends the application be denied.  DPFC  states  in  part  the
Air Force took adequate steps as directed to inform all members of this  new
program and the requirements to decline coverage when applicable.

In accordance with public  law,  the  applicant’s  spouse  was  insured  for
$100,000 for the period 1 November 2001 to 31 May 2006.

Had the applicant’s  spouse  become  a  fatality  during  this  period,  the
proceeds of the coverage would have been paid to him IAW 38 U.S.C. 1970.

The DPFC evaluation, with attachments, is attached at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that on six of the examples  given  by  the  Air  Force
office of primary responsibility, it states information was sent to all  Air
Force bases, but no where does it state each and every Air Force member  was
individually notified.  He believes if personnel were going to be  subjected
to monetary obligations, the Air Force should have had a positive  means  to
ensure each member was informed.  On September 11,  2001,  many  members  of
his squadron were recalled to duty and worked 12 to 18 hours each  day,  and
he deployed overseas to the combat zone in 2002 and did not spend much  time
reviewing the remarks section of  his  LES.   He  has  an  insurance  policy
covering him and his wife for nearly 12 years.   Had  the  Air  Force  began
charging him premiums when this program was implemented he would  have  seen
the deduction and immediately declined the coverage.  He was  not  aware  of
the program or coverage until the deductions were reflected on  his  LES  in
April 2006.

Applicant’s complete response 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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of an  error  or  injustice.   After  a  thorough  review  of  the
evidence of record and applicant’s submission,  we  are  not  persuaded  the
applicant should be reimbursed for the FSGLI  premiums  from  November  2001
through May 2006.  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 therefore  agree  with  their  recommendation  and  adopt  the  rationale
expressed as the basis for our decision that the  applicant  has  failed  to
sustain his burden of having suffered either an error or an  injustice.   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 this application in  Executive
Session on 27 September 2006, under the provisions of AFI 36-2603:

           Ms. Marilyn M. Thomas, Vice Chair
           Ms. Barbara R. Murray, Member
           Mr. John E. B. Smith, Member

The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2006-02078:

   Exhibit A.  DD Form 149, dated 30 Jun 06, w/atchs.
   Exhibit B.  Letters, AFPC/DPFC, dated 2 Aug 06, w/atch.
   Exhibit C.  Letter, SAF/MRBR, dated 11 Aug 06.
   Exhibit D.  Letter, Applicant, dated 18 Aug 06





                                   MARILYN M. THOMAS
                                   Vice Chair

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