IN THE CASE OF:
BOARD DATE: 5 August 2010
DOCKET NUMBER: AR20100017151
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 correction of her record to show she declined spouse coverage under Family Servicemembers' Group Life Insurance (FSGLI) and reimbursement of premiums.
2. The applicant states she and her husband were unaware of the requirement to enroll each other in the Defense Enrollment Eligibility Reporting System (DEERS). She feels her personnel services branch was negligent in their duties to inform her and her husband of this requirement.
3. The applicant provides a DA Form 2823 (Sworn Statement) in support of her application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military record shows she entered military service in an enlisted status on 28 October 1990 and served in that status until being appointed as a second lieutenant on 11 April 2001. She was promoted to first lieutenant on 11 October 2002 and to captain (CPT) on 1 September 2004. At the time of her application to the Board, she remained serving on active duty as a CPT.
2. On 28 August 2009, the applicant was informed she was in arrears for FSGLI premiums for coverage her spouse received.
3. The applicant requested a waiver/cancellation of indebtedness and her commander supported this request and forwarded it to the Defense Military Pay Office, Fort Riley, Kansas, on 29 October 2009. There is no response to this request in the record or provided by the applicant.
4. The applicant provides a DA Form 2823 in which she states she and her husband were married in May 1997. They enrolled in the Married Army Couples Program in 1997 and were identified as a married Army couple in every Army system. They saw no reason to enroll in DEERS. She disputes the debt of $599.50 because she did not authorize the FSGLI premium, nor did she have knowledge of the debt until now, 8 years later.
5. 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.
6. 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 spouse's pay for coverage of his or her spouse. It further stipulated that each member must register the other as his or her spouse in DEERS. Finally, it was stipulated that if one or both members declined or reduced coverage for his or her spouse, he or she must complete an SGLV Form 8286A (Family Coverage Election SGLI).
7. In similar cases, the Defense Finance and Accounting Service has indicated that 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, no refunds for FSGLI premiums that are automatically collected are authorized.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her record should be corrected to show she declined FSGLI has been carefully considered. However, there is insufficient evidence to support this claim.
2. The Army implementation guidance for Public Law 107-14 stipulated that collection of FSGLI premiums was automatic absent a declination from the Soldier.
3. 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 spouse's pay for coverage of his or her spouse. These instructions further specified that each member must register the other as his or her spouse in DEERS and if one or both declined or elected reduced coverage, he or she must complete an SGLV Form 8286A. These implementation instructions were widely circulated throughout Army channels when published.
4. Absent any evidence of record showing the applicant and/or her spouse 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.
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) AR20100017151
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100017151
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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