RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02922
INDEX CODE: 128.14
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 30 JANUARY 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be reimbursed the Family Servicemembers’ Group Life Insurance (FSGLI)
premiums deducted from her pay covering the periods 1 November 2001
through 30 September 2006.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During the period 6 August 1993 to 1 July 2006, her spouse was on active
duty in the United States Marine Corps, at which time he was covered by and
paid for his own SGLI coverage. The charge of FSGLI or Spouse SGLI dating
back to the date she and her spouse were married is unjust and invalid, and
should be refunded immediately.
In support of her request, applicant provided a copy of her Leave and
Earnings Statement (LES) for August 2006, a copy of her Marriage
Certificate, and copies of her spouse’s LES and DD Form 214.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the rank of technical
sergeant (E-6). Her Total Active Federal Military Service Date is 7
September 1990.
Her FSGLI coverage was terminated effective 30 September 2006, and the
applicant incurred a debt for the back premiums retroactive to November
2001. The applicant’s LES dated for the month of August 2006, indicates a
total debt of $481 for FSGLI premiums from 1 November 2001 through 30
August 2006. The debt collection rate is $50 per month.
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 November
2001, 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 the Air Force took adequate steps as directed to inform all members of
this new program and that the member had adequate time between 1 November
and 31 December 2001 to make an election decision. Additionally, the
applicant did not provide any documentation to indicate she was not aware
of this change and of her responsibility to make an election decision. The
applicant’s spouse was insured for $100,000 for the period 1 November
2001 – 30 September 2006 and had her spouse become a fatality during this
period, the proceeds of $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 FSGLI coverage and reimburse
the premiums effective 1 November 2001.
The DPFC evaluation, with attachments is at Exhibit B.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
On 20 Oct 06, a copy of the Air Force evaluation was forwarded to the
applicant for review and comment within 30 days. As of this date, this
office has received no response.
_________________________________________________________________
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 her 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’s 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 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-
02922 in Executive Session on 21 November 2006, under the provisions of AFI
36-2603:
Mr. Michael J. Novel, Panel Chair
Ms. Patricia R. Collins, Member
Ms. Teri G. Spoutz, Member
The following documentary evidence pertaining to Docket Number BC-2006-
02922 was considered:
Exhibit A. DD Form 149, dated 7 Sep 06, w/atchs.
Exhibit B. Letter, AFPC/DPFC, dated 12 Oct 06, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 20 Oct 06.
MICHAEL J. NOVEL
Panel Chair
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