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AF | BCMR | CY2008 | BC-2007-00828
Original file (BC-2007-00828.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00828
            INDEX CODE: 128.14
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he declined  Family  Servicemember’s  Group
Life Insurance (FSGLI) coverage on 1 Nov 01,  he  be  reimbursed  for  FSGLI
premiums he paid and the debt be removed from his records.

________________________________________________________________

APPLICANT CONTENDS THAT:

He refused FSGLI coverage in 2001, due to his spouse’s  active  duty  status
and lack of  need  for  additional  insurance.   He  feels  involuntary  pay
deductions for insurance premiums covering an expired  time  period,  during
which no collection action was taken and no claims  were  filed  is  unjust.
Kelly AFB is now closed and he is unable to acquire hard-copy  records  from
six years ago.

His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant currently serves in the Regular Air  Force  in  the  grade  of
technical sergeant.  His spouse separated from the Regular Air Force and  he
elected FSGLI coverage in the amount of $100,000  by  submitting  SGLV  Form
8286A, Family Coverage Election, on 6 Mar 07.

_________________________________________________________________

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.  Additionally, in  accordance  with  Public  Law,  the  applicant’s
spouse was insured for $100,000 since 1 Nov 01, and continues to be  covered
under FSGLI.  Had his spouse become  a  fatality  during  this  period,  the
proceeds of the $100,000 coverage would have been paid to him IAW 38  U.S.C.
1970.

DPFC contacted his current Military Personnel Flight  to  ascertain  if  his
personnel records reflected a declination of FSGLI coverage in 2001.   There
was no evidence in his personnel file that he  declined  FSGLI  coverage  in
2001, or at any other time.  However, there  was  documentation  showing  he
elected FSGLI coverage on 6 Mar 07.  He  was  contacted  in  an  attempt  to
reconcile the difference in his request for correction of  records  and  his
election for FSGLI coverage.  He stated that  due  to  his  spouse’s  active
duty status, he did not require the  additional  insurance;  however,  since
her separation from active service he  now  wanted  to  maintain  the  FSGLI
coverage.

The applicant was advised that should his request for correction of  records
be approved, in order to reinstate FSGLI coverage he would need to  complete
an SGLI Form 8285A, Request for Family Coverage and depending on the  health
of his spouse, reinstatement of coverage is not a  guarantee.   Due  to  his
desire to cover his spouse after her separation from the Air Force  and  not
having knowledge of her medical health history, DPFC  requested  he  provide
an addendum to his DD Form 149 clarifying his correction action.  As  of  30
May 07, no response has been received by that office.

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 15  Jun
07, 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 he paid from 1 Nov  01
through 28 Feb 07.  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 AFBCMR Docket Number  BC-2007-
00828 in Executive Session on 12 Feb 08, under the  provisions  of  AFI  36-
2603:

           Ms. Charlene M. Bradley, Panel Chair
           Ms. Karen A. Holloman, Member
           Mr. Wallace F. Beard Jr., Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 6 Mar 07.
   Exhibit B.  Letter, AFPC/DPFC, dated 4 Jun 07, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 15 Jun 07.





                                   CHARLENE M. BRADLEY
                                   Panel Chair

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