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AF | BCMR | CY2008 | BC-2007-01235
Original file (BC-2007-01235.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01235
                       INDEX CODE:  100.00
                       COUNSEL:  NONE
                       HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be refunded the Family Servicemember’s Group Life Insurance (FSGLI)
premiums deducted on 30 Jan 07 ($40.00), 20 Feb 07  ($40.00)  and  the
debt deduction of $120.00.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was never given the opportunity to elect or  waive  this  insurance
coverage for his wife.

In support of his appeal, applicant submitted  a  personal  statement,
several leave and earning statements, and a copy of his DD  Form  214,
Certificate of Release or Discharge from Active Duty.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant's military records, are contained in the letter prepared  by
the appropriate office of the Air Force at Exhibit B.

_________________________________________________________________

AIR FORCE EVALUATION:

NGB/A1PS recommends the requested relief be denied.  A1PS  states  his
FSGLI coverage was terminated on 31 Jan 07.  In the event  his  spouse
had passed prior to 31 Jan 07, services would have  been  rendered  by
OSGLI; therefore, the premiums that were paid are valid and cannot  be
refunded.  A1PS further recommends that his
unit submit a Case Management System (CMS) file to refund any premiums
deducted from his pay after 1 Feb 07.

The complete NGB/A1PS evaluation is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
15 Feb 08, 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.  Sufficient relevant evidence has been presented to demonstrate the
existence of an injustice.  After our review of the evidence presented
we believe the  applicant  has  established  reasonable  doubt  as  to
whether  or  not  he  was  aware  of  his   requirement   to   decline
participation in the FSGLI  program.   It  is  our  opinion  that  the
benefit of any doubt in this matter should be resolved in  his  favor,
therefore  we  recommend  his  records  be  corrected  to  the  extent
indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 29 October  2006,
he elected to decline coverage under the Family Servicemember's Group
Life Insurance program.
_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2007-01235 in Executive Session on 18 Mar 08, under the provisions  of
AFI 36-2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Ms. Kurt R. LaFrance, Member
                 Mr. Mark J. Novitski, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 17 Apr 07, w/atchs.
   Exhibit B.  Letter, NGB/A1PS, dated 4 Feb 08, w/atch.
   Exhibit C.  Letter, SAF/MRBR, dated 15 Feb 08.




                                        CHARLENE M. BRADLEY
                                        Panel Chair






AFBCMR BC-2007-01235


MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116) it is directed that:

      The pertinent military records of the Department of the Air
Force relating to         , be corrected to show that on 29 October
2006, he elected to decline coverage under the Family Servicemember's
Group Life Insurance program.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency

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