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AF | BCMR | CY2007 | BC-06-03438
Original file (BC-06-03438.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03438
            INDEX CODE: 128.14
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  16 JAN 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be corrected to show she declined Family  Servicemember’s  Group
Life Insurance (FSGLI) coverage and she be  reimbursed  for  FSGLI  premiums
she paid covering the periods 1 October 2005 through 30  September  2006  in
the amount of $76.50.

________________________________________________________________

APPLICANT CONTENDS THAT:

After she notified her Military Personnel Flight (MPF) of  her  new  marital
status in September 2005, they failed to inform her she  would  be  enrolled
into the FSGLI program automatically unless  she  denied  coverage  at  that
time.

In support of her application, the  applicant  provided  copies  of  Defense
Finance and Accounting Service Military Leave and Earnings Statement  (LES),
from 1 October 2005 through 30 September 2006.

Her 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
staff sergeant.  Beginning in October 2005 through 30 September 2006,  FSGLI
premiums were deducted  from  her  pay.   She  declined  FSGLI  coverage  in
September 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.   The  Air
Force put together an aggressive campaign  to  make  members  aware  of  the
program and their benefits.  Since the time  of  initial  implementation  in
November 2001 to September 2005, when the applicant  reported  her  marriage
to the MPF, the FSGLI program was publicized from both Air Force  level  and
locally at Offutt AFB, where she was assigned at the  time  of  the  alleged
error or injustice.  In addition, FSGLI premium deductions started  promptly
in October 2005, and were reflected on her LESs.   The  applicant  does  not
make mention of any attempts or inquires to stop  the  deductions  prior  to
September 2006, one year after premiums began to be deducted from  her  pay.
In accordance with public  law,  the  applicant’s  spouse  was  insured  for
$100,000 for the period 1  October  2005  to  30 September  2006.   Had  the
applicant’s spouse become a fatality during this  period,  the  proceeds  of
the coverage would have been paid to her IAW 38 U.S.C. 1970.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on  8  Dec
06, for review and comment within 30 days.  As of  this  date,  no  response
has been received by this office.

_________________________________________________________________

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  October  2005
through September 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 her 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 25 January 2007, under the provisions of AFI 36-2603:

           Mr. Michael J. Novel, Panel Chair
           Mr. Garry G. Sauner, Member
           Mr. James A. Wolffe, Member

The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2006-03438:

   Exhibit A.  DD Form 149, dated 18 Oct 06, w/atchs.
   Exhibit B.  Letter, AFPC/DPFC, dated 1 Dec 06, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 8 Dec 06.





                                   MICHAEL J. NOVEL
                                   Panel Chair

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