RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01474
		INDEX CODE:  128.14

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

She be reimbursed for the amount of Family Servicemembers’ Group Life Insurance (FSGLI) deducted from her pay.

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APPLICANT CONTENDS THAT:

While on temporary duty in October 2003, she completed paperwork to decline FSGLI coverage; however, the forms were never placed in her records and she does not have a copy of the forms.  As a result, she completed the paperwork again on 3 December 2003 at her home base.  She is still paying for the coverage.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of master sergeant.

On 5 June 2001, the President signed into law approving Public Law 107-14, which was the enabling legislation for the FSGLI program.  FSGLI, which was implemented Department of Defense (DOD) wide on 1 November 2001, made it possible for servicemembers to take out low cost insurance on their spouse for up to $100,000 (premium charged) and $10,000 life insurance for dependent children (no cost) through the Office of Servicemembers’ Group Life Insurance.  The law mandated that coverage for spouses (to include military married to military couples) and dependent children automatically go into effect on the date of implementation so long as the member was insured under the Servicemembers’ Group Life Insurance (SGLI) program.

On 2 December 2003, the applicant completed an SGLV 8286A declining FSGLI coverage.

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AIR FORCE EVALUATION:

AFPC/DPW recommended denial.  They indicated the applicant declined their offer of a 30-day suspense to locate copies of her prior declination forms or collect statements from the Military Personnel Flight (MPF) officials in support of her application.  In accordance with public law, although premiums had not yet been deducted from her pay, the applicant’s spouse was insured for $100,000.00 for the period 1 November 2001 through 31 December 2003.  Had the applicant’s spouse become a fatality during this period, the proceeds of $100,000.00 coverage would have been paid to her IAW 38 U.S.C. 1970.

The evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicated in November 2003 a stipend overpayment deduction of $96.67 was taken out of her pay for back payment of FSGLI.  She visited her MPF to find out why and completed the form to decline FSGLI again.  The deduction of $96.67 continued each month until the total debt of $290.00 had been deducted.  Also, in December 2003, a deduction of $15.00 was deducted for FSGLI.  There was also a deduction for the month of January and in February the deductions stopped.

Applicant’s response, with attachments, is at Exhibit E.

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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 an error or an injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  The applicant had adequate time between 1 November and 31 December 2001 to make an election decision.  Further, she cannot provide documentation to indicate she was not aware of this change in the law nor is there documentation to support her claim of declining coverage prior to December 2003.  In accordance with public law, the applicant’s spouse was insured for $100,000 for the period 1 November 2001 - 31 December 2003.  Had the applicant’s spouse become a fatality during this period, the proceeds of the $100,000 coverage would have been paid to her IAW 38 U.S.C. 1970.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an error or an 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 AFBCMR Docket Number BC-2004-01474 in Executive Session on 31 August 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 30 April 2004, w/atchs.
   Exhibit B.  Letter, AFPC/DPW, dated 22 June 2004, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 1 July 2004.
   Exhibit D.  Letter, Applicant, undated.