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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