RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  03-03443
		INDEX CODE: 128.14
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be reimbursed for 17 months for premiums paid on his Family Servicemember’s Group Life Insurance (FSGLI) and his marital status be updated in DEERS as of 17 January 2000.  

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APPLICANT CONTENDS THAT:

While inprocessing and obtaining his military ID card at XXXXX AFB, ID, the personnel office noticed that his marital status was incorrect in DEERS although it was correct in the personnel system.  While he realizes that a specific request to deny FSGLI is required, he contends that had his status been correctly updated in DEERS, he would have noticed the FSGLI premium charges the first month they were assessed and cancelled the automatic FSGLI enrollment.  

In support of his appeal, applicant submits his German marriage certificate, a copy of his spouse's DD Form 1172, Application for Uniformed Services Identification Card DEERS Enrollment, and copies of her Leave and Earnings Statements for the months of November - December 2001 and April through May 2003.  Applicant’s submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is a member of the Regular Air Force who is currently serving in the grade of master sergeant (E-7).  His total active Federal military service date is 18 July 1985.

Documents provided by the applicant indicate that prior to the pay period 1-31 May 2003, there were no deductions made from his pay for the FSGLI.

The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B and C.

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AIR FORCE EVALUATION:

AFPC/DPW recommends the application be denied.  DPW states that Air Force leadership took adequate steps to inform all members of this new program and that the applicant had adequate time to make an election decision.  Although premiums had not yet been deducted from her pay, DPW states his spouse was insured for $100,000 for the period 1 November 2001 through 30 June 2003.  The DPW evaluation, with attachments, is attached at Exhibit B.

AFPC/DPSFCR advises that DEERS has been updated to reflect proper enrollment.  The AFPC/DPSFCR evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 23 January 2004 for review and response.  As of this date, this office has received no response.

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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 warranting reimbursement for the applicant’s Family Servicemembers’ Group Life Insurance (FSGLI) premiums.  The applicant indicates that had his marital status been correctly identified in the Defense Eligibility Enrollment System (DEERS), he would have noticed the FSGLI premium charges the first month they were assessed and cancelled the enrollment.  However, we note that the Air Force provided information in advance of the FSGLI program implementation by adding comments in the remarks section of every member’s Leave and Earnings Statement (LES).  In addition, the unit First Sergeant was informed of all unit military personnel who were married to other military personnel and advised them of the requirement for one of the spouses to visit the Military Personnel Flight for proper update of DEERS records.  We also note that the applicant’s spouse was covered for the period 1 November 2001 through 30 June 2003, even though there was a delay in premium deductions.  In view of the foregoing, we believe that Air Force authorities made every reasonable effort to notify the applicant of the requirements set forth in Public Law 107-14 and agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that no basis exists to reimburse the premiums withheld.  Therefore, we do not recommend granting the relief sought in this application.  

4.  In regard to the applicant’s request that his marital status be updated in DEERS, we note that the office of primary responsibility has advised that DEERS has been updated to reflect proper enrollment; therefore no further action is required.

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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 20 April 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered for AFBCMR Docket Number 03-03443:

   Exhibit A.  DD Form 149, dated 1 Oct 03 w/atchs.
   Exhibit B.  Letter, AFPC/DPW, dated 25 Nov 03 w/atchs.
   Exhibit C.  Letter, AFPC/DPSFCR, dated 21 Jan 04.
   Exhibit C.  Letter, SAF/MRBR, dated 23 Jan 04.