RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         16 March 2006
      DOCKET NUMBER:  AR20060001526


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James G. Gunlicks             |     |Chairperson          |
|     |Ms. Susan A. Powers               |     |Member               |
|     |Mr. Richard G. Sayre              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, a refund of $2,354.00 collected from
his pay for Family Servicemembers' Group Life Insurance (FSGLI) premiums.

2.  The applicant states, in effect, his spouse and he were dual military
and she retired in August 2005 and enrolled in the Defense Enrollment
Eligibility Reporting System (DEERS) for the first time.  In September
2005, his pay showed he had debt for FSGLI for $2,192.00 dating back to
2001. By the time he discovered this and he disenrolled, he had paid an
additional $162.00, for a total of $2,345.00.  He requests the pay be
reinstated because the Army failed to begin the deductions when the
automatic enrollment occurred in 2001, which prevented him from
participating in the 120 day grace period where a Soldier could refuse the
coverage and receive a refund.

3.  The applicant provides the following documents in support of his
application:  Waiver/Remission of Indebtedness Application, dated 15
October 2005; Reconsideration of Waiver of FSGLI Payments Memorandum, dated
22 January 2006; and Defense Finance and Accounting Service (DFAS)
Memorandum, dated 3 January 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military record shows that at the time of his
application to the Board, he was still serving on active duty, in the rank
of colonel (COL).

2.  In October 2005, the applicant was informed he incurred a debt of
$2,192.00, which was later determined to be an automatic deduction for
FSGLI premiums. Subsequently, an additional $163.00 of FSGLI premiums were
deducted from his pay, for a total amount of $2,345.00.

3.  The applicant provides a Waiver/Remission of Indebtedness Application,
dated 15 October 2005, in which he requested waiver of payment of FSGLI
premiums.

4.  On 3 January 2006, the DFAS Chief, Remission and Waivers Branch,
Directorate of Debt and Claims Management informed the applicant that by
law, his debt was not eligible for waiver consideration.

5.  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.

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 their spouse in the 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).

7.  In similar cases, the 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 should be reimbursed the FSGLI
payments collected from him and the supporting documents he 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 spouse’s 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 his 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.
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

___JGG _  __SAP __  __RGS__  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.




                                  ____James G. Gunlicks___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001526                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/03/16                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  293  |128.1000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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