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AF | BCMR | CY2008 | BC-2008-00988
Original file (BC-2008-00988.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-00988
            INDEX CODE:  112.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be reimbursed for Family Servicemembers’ Group Life Insurance (FSGLI)
premiums deducted from her pay in the amount of $459.00.
_________________________________________________________________

APPLICANT CONTENDS THAT:

She is a nurse and joined the Air  Force  to  support  her  country  in  the
medical field.  She married in 2006  and  attempted  to  update  her  status
online at that time, but was  not  successful.   She  recently  updated  her
status, and $459.00  was  deducted  from  her  pay  without  her  knowledge,
consent or an explanation.

It was later explained that  she  had  to  decline  FSGLI  or  it  would  be
automatically  deducted  from  her  pay.   Also,  the  FSGLI  premiums  were
retroactively deducted once her martial status had been updated.   Both  she
and her spouse are active duty; therefore, why were FSGLI payments  deducted
from both when both have SGLI?

A military personnel services representative apologized  for  not  informing
her of FSGLI and requested  the  premiums  be  reimbursed  via  the  Defense
Finance and Accounting Service (DFAS) office, but the request was denied.

In  support  of  the  application,  the  applicant  submits   her   personal
statement, her Leave and  Earnings  Statement  (LES),  and  electronic  mail
messages.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty in the rank of captain (0-
3).  Her Total Active Federal Military Service Date is 20 Dec 01.

Prior to January 2008, no FSGLI premiums were deducted from the  applicant’s
pay.  Her Jan 08 LES shows a debt of $459 initiated by  the  finance  office
for FGSLI premiums that had never been  collected.   A  monthly  payment  of
$29.00 for SGLI is currently being deducted.

The remaining 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:

HQ AFPC/DPWC recommends denial of the applicant's request for  reimbursement
of FSGLI premiums from 1 Oct 06 through 31 Dec 07.

DPWC states the FSGLI program was implemented DoD–wide on 1 Nov  2001.   The
law mandated that coverage  for  spouses  (to  include  military-married-to-
military couples (mil-to-mil)) and dependent children automatically go  into
effect on the date of implementation so  long  as  the  member  was  insured
under the SGLI program.

The applicant did not report her marriage until Dec 07  (14  months  later),
and is, therefore, responsible for the FSGLI premiums  for  that  period  of
time.  If her spouse had died during this period,  $100,000  coverage  would
have been paid to her.

DPWC is unable to confirm that she was briefed on the FSGLI  program  on  20
Dec 07; and, therefore recommends she be reimbursed only for FSGLI  premiums
from 1 Jan 08 through 29 Feb 08.

The complete DPWC evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 16  May
08 for review and comment within 30 days.  As of this date, this office  has
received no response (Exhibit C).

_________________________________________________________________

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  error  or  an  injustice.   We   note   the   applicant’s
contentions, however we agree with the opinion of the Air  Force  office  of
primary responsibility  and  adopt  its  rationale  as  the  basis  for  our
conclusion that she should only be reimbursed for FSGLI premiums paid  after
she notified appropriate officials in December 2007  of  her  marriage.   In
this respect, she should only be reimbursed for  FSGLI  premiums  paid  from
1 Jan 08 through 29 Feb 08.  Accordingly, we recommend that the  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  she  filed  a  Family  Coverage
Election, SGLV – 8286A on 20  December  2007,  declining  coverage  for  her
spouse and that she be authorized reimbursement of the overcharged  premiums
from 1 January 2008 to 29 February 2008.

___________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 29 Jul 08, under the provisions of AFI 36-2603:

     Mr. Joseph D. Yount, Panel Chair
     Mr. Elwood C. Lewis III, Member
     Mr. Grover L. Dunn, Member

The following documentary evidence was considered in BC-2008-00988:

    Exhibit A.  DD Form 149, dated 10 Mar 08, w/atchs.
    Exhibit B.  Letter, HQ AFPC/DPWC, dated 5 May 08, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 16 May 08.




                                   JOSEPH D. YOUNT
                                   Panel Chair





AFBCMR BC-2008-00988




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 APPLICANT, be corrected to show that she filed a Family
Coverage Election, SGLV – 8286A on 20 December 2007, declining coverage for
her spouse and that she be authorized reimbursement of the overcharged
premiums from 1 January 2008 to 29 February 2008.







     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency

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