RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-01791

						COUNSEL:  NONE

						HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

1.  The erroneous debt of $1,598.18 be deleted from her Leave and Earning Statement (LES) records.

2.  A corrected LES statement and reimbursement of the $1,598.18 be issued.


APPLICANT CONTENDS THAT:

She was deprived the opportunity to decline Family Service- members’ Group Life Insurance (FSGLI) coverage in accordance with Department of Defense Financial Management Regulation (DoDFMR), and did not know a debt was accruing.  The amount of $1,598.18 was erroneously collected from her Reserve paychecks for FSGLI premiums from Nov 01 until Apr 07 at which time her spouse retired from the military and she enrolled him as her dependent in the Defense Enrollment Eligibility Reporting System (DEERS).  The FSGLI program, implemented Nov 01, had automatic spouse coverage unless the member affirmatively declined coverage.  Spouses were identified via DEERS enrollment, which had the effect of excluding military members married to military members.  The Air Force failed to inform Reserve personnel of the need to affirmatively decline FSGLI coverage as it applied to military-married-to-military couples.  

Upon advice from the Defense Finance and Accounting Services (DFAS) she submitted a DD Form 2789, Remission/Waiver of Indebtedness application to Air Force Reserve Command (AFRC) for processing.  After subsequent multiple inquiries on the status of her application with AFRC, and resubmitting the DD form 2789 three times, last one being 18 Jun 13, she has not received any response.  On 31 Mar 14 she filed IG complaints with DFAS and AFRC regarding this matter, and as of 24 Apr 14, the date of her DD Form 149, Application For Correction Of Military Record Under The Provisions Of Title 10, U.S. Code, Section 1552, she has not received any responses.  

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 26 Oct 87.

On 17 Dec 93, the applicant was furnished an honorable discharge, and was credited with 6 years, 1 month, and 22 days of active service.   

On 7 Jan 94, the applicant was assigned as an Individual Mobilization Augmentee (IMA) in the Reserve of the Air Force.  

On 1 Apr 13, the applicant was promoted to the grade of colonel (O-6) in the Reserve of the Air Force.  

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    


AIR FORCE EVALUATION:

DFAS recommends denial indicating there is no evidence of an error or an injustice.  The applicant submitted a DD Form 2789, Remission/Waiver of Indebtedness application that is still in the administrative level of Waiver of Indebtedness process.  On 25 Jun 14, DFAS sent a letter to the applicant requesting more information to her application (completion of page 2), and so far she has not responded.  Since there is a pending waiver application at the administrative level, she has not exhausted all of her administrative remedies.  Therefore, it is premature to seek relief from the AFBCMR.  

A complete copy of the DFAS evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant refutes virtually every point made by DFAS and argues she never received a letter from DFAS requesting more information.  She contends that additional information requested by DFAS, requires completion by the Air Force Reserve Command (AFRC), rather than the member.  In support of her response, the applicant provides a copy of a 30 Jun 14 letter from DFAS to her stating that AFRC failed to respond to DFAS’ request that it process her DD Form 2789 by completing page 2 of that form.  She contends as documented in her original application, she has submitted several requests for debt waiver and received no responses.  Therefore, it is reasonable to conclude that the debt waiver process is not viable.  However, the error in her case is not broken debt waiver procedures; she wants to amend her original application by seeking correction to her records to reflect she declined FSGLI when it was implemented, and in accordance with the DoDFMR, she wants her records to show a successful response to DFAS’ attempt to establish the resulting debt.  Additionally, the applicant requests an appearance before the Board.

The applicant’s complete response is at Exhibit E.  


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 injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, to include her rebuttal, we believe the applicant is the victim of an injustice.  While we note the email comments of DFAS indicating that the applicant has not exhausted all of her administrative remedies, we are persuaded by the documentation presented by the applicant that the delay in an administrative resolution of her $1,598.18 debt is an injustice resulting from AFRC and DFAS staff administrative errors, through no fault of her own.  In our view the evidence presented indicates the applicant was not timely advised by AFRC on the impacts of the FSGLI program on dual-military couples, thus not allowing her the opportunity to decline FSGLI.  Additionally, we are convinced she was not properly notified by DFAS of the impending debt collection, and given an opportunity to respond, in accordance with Department of Defense Financial Management Regulations.  Therefore, we recommend the applicant’s records be corrected as indicated below.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that she filed a Family Coverage Election, SGLV – 8286A on 1 November 2001, declining coverage for her spouse; and is, thereby, authorized reimbursement of the overcharged premiums from November 2001 to April 2007.


The following members of the Board considered AFBCMR Docket Number BC-2014-01791 in Executive Session on 14 Jul 15 under the provisions of AFI 36-2603:

	

The following documentary evidence pertaining AFBCMR Docket Number BC-2014-01791 was considered:

	Exhibit A.  DD Form 149, dated 24 Apr 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Email, DFAS, dated 3 Jun 14.
	Exhibit D.  Letter, SAF/MRBR, dated 22 May 15.
	Exhibit E.  Letter, Applicant, dated 28 May 15, w/atchs.