RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00961
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reimbursed all funds deducted from his pay for the Family
Servicemembers Group Life Insurance (FSGLI).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His spouse is an active duty member and pays for her own
coverage.
He did not ask for, request or inquire about coverage, or make
any indication thereto.
He was not told at any time during his career that coverage
would automatically start unless he declined coverage.
He was voluntarily recalled to active duty on 28 September 2009
and received his first Leave and Earnings Statement (LES) in
October 2009. No deductions were made from October 2009 to
January 2010.
His February 2010 LES reflected a deduction of $162, which
represents a back collection for September 2009 through February
2010. He had no indication this was going to occur.
In support of his request, the applicant provides copies of
LESs for January and February 2010, SFLV Form 8286A, Family
Coverage Election, and an FSGLI print-out.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Available records reflect the applicant entered the Regular Air
Force on 30 May 80 and was separated under the Temporary Early
Retirement Authority on 1 Sep 94. He was recalled to active
duty on 28 Sep 09.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
primary responsibility, which is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPWC recommends denial. DPWC states it is their opinion
the Air Force and the Department of Veterans Affairs have taken
adequate steps to inform all members of the FSGLI program. In
addition, the applicant was informed about the automatic
provision of the FSFLI program when he signed his SFLV Form
8286, on 28 September 2009, indicating he had read and
understood the comments.
Further, in accordance with Public Law 107-14, the applicant was
insured for $100,000 for the period 1 September 2009 to 30 March
2010. Had his spouse become a fatality during this period, the
proceeds of the $100,000 coverage would have been paid to him in
accordance with Title 38, United States Code 1970.
The complete HQ AFPC/DPWC evaluation, with attachments, is at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 25 June 2010 for review and comment within 30 days
(Exhibit D). As of this date, this office has not received a
response.
_________________________________________________________________
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 error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
_________________________________________________________________
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 Docket Number
BC-2010-00961 in Executive Session on 23 September 2010, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Mar 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSW, undated, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 25 Jun 10.
Panel Chair
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