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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