RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2006-01701
		INDEX NUMBER:  137.00
		COUNSEL:  NONE

		HEARING DESIRED:  Yes

MANDATORY CASE COMPLETION DATE:  1 Dec 07

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APPLICANT REQUESTS THAT:

She be entitled to receive the proceeds of the Family Servicemembers’ Group Life Insurance (FSGLI) policy she paid premiums for.

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APPLICANT CONTENDS THAT:

She married her husband, now deceased, on 15 Dec 03.  He died on 29 Jan 06.  She paid the monthly premiums for the FSGLI.

She is being penalized because her husband was not legally divorced from his previous spouse before entering into a legal marriage with her.  The state of North Carolina (NC) recognizes her marriage because it accepted her husband’s divorce decree and believed it to be a legal document.  The military previously accepted both marriage certificate and divorce decree, but now refuse to recognize them.

In support of her appeal, applicant provides a copy of her certificate of marriage to her deceased husband filed in the state of NC, a copy of her divorce decree filed in the state of NC for a previous marriage, a copy of her deceased husband’s divorce decree filed in the state of Florida, a copy of permanent change of station orders on her deceased husband, a copy of a report of personal information that appears to be printed from official Air Force personnel files, and a copy of form SGLV-8283A, Claim for Family Coverage Death Benefits, which indicates her deceased husband as her dependent spouse and certifies coverage in the amount of $100,000. 

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

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STATEMENT OF FACTS:

The applicant is presently serving on active duty in the grade of technical sergeant (TSgt).  According to information provided by the Air Force OPR, applicant submitted a FSGLI claim on 15 Mar 06 after the death of her apparent husband, an Air Force member, on 29 Jan 06.  However, upon subject husband’s death, the Air Force was informed he was still legally married at the time to another individual.  As a result, the Office of Servicemembers’ Group Life Insurance (OSGLI) denied the applicant’s FSGLI claim.

The applicant married her husband in the state of NC on 15 Dec 03.  The marriage was updated in the Defense Enrollment Eligibility Reporting System (DEERS) and premiums for the FSGLI were being deducted from the applicant’s pay.  However, after it was determined the deceased husband was still legally married to someone else, OSGLI determined the applicant’s marriage to her deceased husband was invalid for payment of FSGLI.

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AIR FORCE EVALUATION:

AFPC/DPFC recommends denial of the applicant’s request.  They contacted OSGLI and requested they reevaluate the applicant’s case.  OSGLI’s law department stated that for a FSGLI claim to be payable, a valid marriage must have occurred.  OSGLI stands by its original decision that the applicant is not entitled to a FSGLI payment.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 28 Jul 06 for review and comment within 30 days.  To date, a response has not been received.

ADDITIONAL EVALUATION:

Pursuant to the Board’s request, the Air Force Review Boards Agency Legal Advisor reviewed the applicant’s request.  He advises that the applicant’s request is outside the purview of the Board because there is no record to correct.  He recommends denial of the applicant’s appeal if she does not elect to voluntarily withdraw the application.

The complete evaluation is at Exhibit E.

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APPLICANT’S REVIEW OF ADDITIONAL EVALUATION:

A copy of the additional evaluation was forwarded to the applicant on 16 Aug 06 for review and comment within 15 days.  To date, a response has not been received.

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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.  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 Review Boards Agency Legal Advisor and adopt his rationale as the primary basis for our conclusion that the issue the applicant has brought before this Board is outside our purview.  We note that the issue in dispute, validity of the applicant’s marriage, cannot be resolved through the correction of an Air Force record.  Even if we were inclined to believe the applicant’s appeal has merit, it appears it will have to be resolved through a court of law.  Therefore, we find no basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing 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 Docket Number BC-2006-01701 in Executive Session on 20 September 2006, under the provisions of AFI 36-2603:

The following documentary evidence was considered in Docket Number BC-2006-02142:

    Exhibit A.  DD Form 149, dated 9 May 06.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPFC, undated.
    Exhibit D.  Letter, SAF/MRBR, dated 28 Jul 06.
    Exhibit E.  Memorandum, SAF/MRB Legal Advisor, 
                dated 16 Aug 06.
    Exhibit F.  Letter, AFBCMR, dated 16 Aug 06.