IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20080012166
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, in effect, a waiver debt of $764.00 collected from her pay for Family Servicemembers' Group Life Insurance (FSGLI) premiums.
2. The applicant states, in effect, that she believes that the collection of FSGLI was unjust due to the fact that the guidance for dual military was not clearly stated to the Army community. She believes that she should not be held responsible for the unclear guidance and the broken process in which this law was implemented. It took from November 2001 to December 2007 in which she changed station and deployed a total of 8 times and no one briefed her on this change and afforded her the opportunity to decline FSGLI.
3. The applicant provides the following documents in support of her application: Officer Record Brief; Application for Remission or Cancellation of Indebtedness (DA Form 2789); a copy of her spouses DA Form 2789; and a copy her Leave and Earnings Statement (LES), dated 1-30 November 2007.
CONSIDERATION OF EVIDENCE:
1. The applicants military record shows that at the time of her application to the Board, she was still serving on active duty, in the rank of lieutenant colonel, pay grade (O-5).
2. The applicants November 2007 LES shows an entry that indicates that she incurred a debt of $764.00, which was later determined to be an automatic deduction for FSGLI premiums.
3. The applicant provides an application for remission of indebtedness, undated, in which she requested a waiver of the FSGLI debt.
4. Public Law 107-14, effective November 1, 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.
5. Guidance published through Army channels upon the implementation of Public Law 107-14 specified that in the case of married couples on active duty, premiums would be automatically deducted from each spouses pay for coverage of his or her spouse. It further stipulated that each member must register the other as his or her spouse in the Defense Enrollment Eligibility Reporting System (DEERS). Finally, it was stipulated that if one or both members declined or reduced coverage for his or her spouse, they must complete a form (SGLV Form 8286A).
6. In similar cases, the Defense Finance and Accounting Service 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 applicants contentions and the supporting documents she submitted were carefully considered. However, there is an insufficient evidentiary basis to support granting the requested relief.
2. The Army implementation guidance for Public Law 107-14 stipulated that collection of FSGLI premiums was automatic absent a declination from the Soldier. Further, the implementation instructions for the FSGLI program clearly stipulated that in the case of married couples on active duty, premiums would be automatically deducted from each spouses pay for coverage of his or her spouse. These instructions further specified that each member must register the other as their spouse in the DEERS, and if one or both declined or elected reduced coverage, they must complete a form (SGLV Form 8286A).
3. Absent any evidence of record showing the applicant and/or her spouse complied with the DEERS registration procedures and declination provisions of the Armys FSGLI implementation instructions, which were widely publicized throughout the Army and which included LES notifications, there is insufficient evidence to show any error or injustice related to the $764.00 debt incurred for FSGLI premiums collected for the period 1-30 November 2007.
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:
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.
___________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) AR20080012166
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ABCMR Record of Proceedings (cont) AR20080012166
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