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AF | BCMR | CY2008 | BC-2007-03819
Original file (BC-2007-03819.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03819
            INDEX CODE: 128.14
            COUNSEL:  NOT INDICATED

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reimbursed for Family Servicemembers’  Group  Life  Insurance  (FSGLI)
premiums in the amount of $270.00.

________________________________________________________________

APPLICANT CONTENDS THAT:

He elected full FSGLI coverage for his wife on 17 Dec 04, and  was  informed
that payment would be automatically deducted from his pay.  He believed  the
SGLI deductions listed on his Leave and  Earnings  Statement  (LES)  covered
the premiums for the FSGLI.  The Defense Finance and Account Service  (DFAS)
just recently deducted $270.00 from his pay for past premiums.  The  problem
was caused by a system malfunction, not a personal oversight.

The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant currently serves in the Regular Air  Force  in  the  grade  of
technical sergeant.  His spouse retired from the Regular Air Force on 1  Sep
07, 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 denial.  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 under FSGLI since 1 Nov 01 through  the  present.   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.   Although
he indicates he elected FSGLI coverage on 17 Dec 04, by law, his spouse  was
automatically covered effective 1 Nov 01,  unless  he  executed  the  proper
form declining coverage or  electing  a  reduced  coverage.   There  was  no
evidence in his personnel file that shows  he  declined  FSGLI  coverage  in
2001 or at any other time.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation, with attachments, was forwarded  to  the
applicant on 11 Jan 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.  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
requested relief  should  be  granted.   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 his 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 12 Feb 08, under the provisions of AFI 36-2603:

           Mr. Michael J. Maglio, Panel Chair
           Mr. Richard K. Hartley, Member
           Mr. Elwood C. Lewis III, Member

The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2007-03819:

   Exhibit A.  DD Form 149, dated 13 Nov 07, w/atchs.
   Exhibit B.  Letter, AFPC/DPFC, dated 20 Dec 07, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 11 Jan 08.





                                   MICHAEL J. MAGLIO
                                   Panel Chair

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