IN THE CASE OF:	  

		BOARD DATE:	  29 July 2008

		DOCKET NUMBER:  AR20080004398 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his debt collection of $2,026.00 be terminated and no further attempts to collect be made. 

2.  The applicant states, in effect, that he should be relieved of the debt of $2,026.00, because he was never informed that the Family Servicemember's Group Life Insurance (FSGLI) coverage was automatic.  He was never billed for FSGLI during the 6 years he was actively drilling and receiving monthly pay until he received his final pay.  He states that he would have declined FSGLI coverage for his wife if he knew she was being covered, because he already had sufficient life insurance on his wife.

3.  He states that he was denied the option to decline coverage, because the Defense Finance and Accounting Service (DFAS) failed to deduct the payment from his check.  If DFAS had deducted the first payment he would have declined coverage before it accumulated to $2,026.00.  He states that the first time he was aware of the debt was in October 2007.  He states that he had tried to get help from his unit, but they forgot about him.  His debt should have never accumulated and he had no way of knowing it was growing.

4.  The applicant provides five copies of his DFAS Military Leave and Earnings Statements (LESs) for the periods 27 July 2007; 15 August 2007; 24 August 2007; 7 September 2007; and 31 December 2007.  He also provides email messages dated 19 September 2007; 3 October 2007; and 2 November 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel record shows he enlisted in the U.S. Army Reserve on 22 May 1966.  He completed the necessary training and was awarded the military occupational specialty (MOS) 55B (Ammunition Storage Specialist).  He served continuously as a reservist until he was assigned to the Retired Reserve, on 7 September 2007.  He completed 24 years, 2 months, and 2 days of qualifying service for retirement.

2.  On the applicant’s July 2007 LES, there was no entry that indicated that he incurred a FSGLI debt.  However, it shows SGLI coverage for $400.000.  His August's 2007 LES indicated one SGLI deduction of $29.00.

3.  On the applicant’s September 2007 LES, there was an entry for SGLI deduction of $29.00 and FSGLI deduction of $40.00.  In the remarks section of the September 2007 LES, it shows an entry for spouse SGLI coverage of $100,000.

4.  The email messages the applicant submitted show that he inquired through his unit concerning the deduction and debt for his FSGLI coverage.  The applicant's record does not contain a copy of a declination for FSGLI coverage (SGLV Form 8286A).

5.  In the processing of this case, an advisory opinion was obtained from DFAS, dated 28 April 2008.  The DFAS states, in effect, that the applicant filed his request to terminate his FSGLI coverage in a timely manner.  However, his indebtedness in the amount of $2,026.00 remains valid for the collection of FSGLI for the period of November 2001 through August 2007.  DFAS states that FSGLI coverage began automatically for service members who were married and/or had dependent children when the program began on 1 November  
2001 as long as the service member was enrolled in full time SGLI coverage.  In order to terminate coverage, a Request for Family Coverage (VA Form SGLV 8286A) must have been completed and processed by the service member's personnel office.

6.  The applicant responded with his rebuttal.  He states that since no withholdings were made for over 6 years, he should not be responsible for paying the premiums.

7.  ALARACT Message 040/2007 (CORRECTED COPY), provided information for Soldiers and commands in all components within the Army of their FSGLI requirements, and to established Army procedures for collecting past due FSGLI premiums from Soldiers who received FSGLI coverage without paying the premiums.  All components were tasked to assist in collecting back FSGLI payments owed to the Department of Veterans Affairs.

8.  Public Law 107-14, effective 1 November 2001, established FSGLI coverage for members of the uniformed services who were eligible for SGLI coverage.  This law allowed for elected SGLI insurance coverage of the member's spouse for up to $100,000, in $10,000 increments, and automatic coverage of the member's dependent children for $10,000 for the time that they have full-time SGLI coverage.

9.  Guidance published through Army channels upon the implementation of Public Law 107-14 specified that all Soldiers regardless of component or status are eligible for FSGLI and are automatically covered by FSGLI unless they decline the coverage in writing.  In order to properly decline FSGLI, a Soldier must file SGLV Form 8286A at their supporting personnel office and or DEERS office.  Soldiers will not submit retroactive declinations.

10.  DFAS has indicated that the DEERS provides the collection data and once a spouse is registered in DEERS, the deduction for FSGLI is made retroactive to  
1 November 2001, or the date of marriage whichever is later if no action to decline FSGLI has been taken.  Further, that no refunds for FSGLI premiums that are automatically collected is authorized.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was never informed that FSGLI was automatic, and that his debt of $2,026.00 should be terminated and no further attempts for collection should be made was considered.

2.  The Army’s implementation guidance for Public Law 107-14 stipulated that collection of FSGLI premiums was automatic absent a declination from the Soldier.  The applicant has not submitted any evidence to show he declined FSGLI.  Absent any evidence of record showing the applicant complied with the DEERS registration procedures and declination provisions of the Army’s FSGLI implementation instructions, there is insufficient evidence to show any error or injustice related to the debt incurred by the applicant for FSGLI premiums.

3.  If the applicant's wife had been properly enrolled in DEERS, his FSGLI premiums would have been deducted in a timely manner.  The delay in collecting the FSGLI premiums was due to the applicant not ensuring his wife was properly enrolled in DEERS.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X___  ___X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   _X______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080004398



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ABCMR Record of Proceedings (cont)                                         AR20080004398



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