RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03863
		INDEX CODE: 128.14
	XXXXXXXXXXXXXXXX	COUNSEL:  NONE

	XXXXXXXXXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be reimbursed in the amount of $108.00 for premiums paid on his Family Servicemember’s Group Life Insurance (FSGLI).  

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APPLICANT CONTENDS THAT:

In January 2002, he went to the Customer Service Section at the Military Personnel Flight (MPF) in Keflavik, Iceland, to decline the spousal portion of the new FSGLI coverage.  His spouse is also an active duty military and has her own SGLI coverage.  He changed duty stations to Keesler AFB, MS, in July 2002.  On 1 October 2002, he received his leave and earnings statement (LES) that showed a debt for $90 and a $9 allotment set up to deduct from his pay.  He immediately went to the Keesler AFB Finance office and was referred back to MPF Customer Service.  He was told at Customer Service that according to the Defense Enrollment Eligibility Reporting System (DEERS), he had turned down the coverage; however, no update had been made in the military personnel system (MILPDS).  He was asked if he had completed any paperwork to decline the coverage while at Keflavik.  He replied he had witnessed the airman in Customer Service inputting the declination in the computer; however, he never asked him to fill out any paperwork.  The fact that DEERS reflected the declination proves he had declined the coverage.  The Customer Service representative indicated that money was being taken out of his pay because he had not filled out a SGLV Form 8286A, Family Coverage Election, that was required to formally decline the coverage.  He then completed the required form on 1 October 2002.  He was referred back to Finance to get reimbursement for the deducted premiums; however, Finance explained that there was no way they could reimburse him without the MPF telling them to do so.  Returning to the MPF, he was told that without paperwork initially filed in January 2002 to decline coverage, he had no grounds to ask for a reimbursement.  

In support of his application, the applicant submits a personal statement and a computer printout indicating his declination effective on 31 October 2002.  The applicant’s submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 8 July 1991 at the age of 20.  He was progressively promoted to the rank of technical sergeant (E-6), effective 1 April 2002.  The applicant is still currently serving on active duty in a joint-spouse assignment.  On 1 October 2002, the applicant completed an SGLV Form 8286A, Family Coverage Election, declining FSGLI coverage for his spouse.

On 27 February 2003, AFPC/DPW notified the applicant that they were unable to process his request without additional documentation.  DPW requested the applicant provide a copy of his SGLV 8286A, Family Coverage Election Certificate, declining coverage and any documentation to support his claim.  The applicant did not respond.

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AIR FORCE EVALUATION:

AFPC/DPW recommends the application be denied.  DPW states that the applicant did not provide the additional information needed to sufficiently evaluate her claim.  The DPW evaluation is attached at Exhibit C.

Examiner’s Note:  AFPC/DPWCS and AFPC/DPSFR confirmed that a member’s selection or non-selection of SGLI is not reflected in the Defense Eligibility Enrollment Reporting System (DEERS).  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant explained that he did not respond to AFPC/DPW’s request for additional documentation because there was no additional documentation to provide.  The applicant is concerned he is being penalized for issues that were/are out of his control.  Had he known that there was a form to complete at the time he declined the coverage in January 2002, he would have gladly completed it.  No one told him that he needed to do more than notifying Customer Service until he discovered the debt on his LES in October 2002.  

He states he has been in the Air Force for eleven years and has always prided himself in doing what was asked of him to the best of his ability and in a timely manner.  He could understand a denial of his request had he not done anything at all regarding the situation.  The problem is that he is unable to prove that he accomplished the declination in January 2002.  All he has is his integrity and his word.  A copy of the applicant’s rebuttal is at Exhibit D.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant was properly charged with a debt as a result of the passage of Public Law 106-419, Section 312, effective 1 April 2001, which automatically increased the level of SGLI coverage.  Since the applicant did not provide the additional information requested in order to sufficiently evaluate his claim, it is our opinion that no basis exists to reimburse the premiums withheld.  Therefore, the applicant’s request is not favorably considered. 

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 15 April 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered for AFBCMR Docket Number BC-2002-03863:

   Exhibit A.  DD Form 149, dated 27 November 2002.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letters, AFPC/DPW, dated 3 Jan 03 and 27 Feb 03.
   Exhibit D.  Letter, SAF/MRBR, dated 7 Mar 03.
   Exhibit E.  Applicant’s Rebuttal, dated 14 Mar 03.