RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-00828
		INDEX CODE: 128.14
		COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to show he declined Family Servicemember’s Group Life Insurance (FSGLI) coverage on 1 Nov 01, he be reimbursed for FSGLI premiums he paid and the debt be removed from his records.

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APPLICANT CONTENDS THAT:

He refused FSGLI coverage in 2001, due to his spouse’s active duty status and lack of need for additional insurance.  He feels involuntary pay deductions for insurance premiums covering an expired time period, during which no collection action was taken and no claims were filed is unjust.  Kelly AFB is now closed and he is unable to acquire hard-copy records from six years ago.

His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant currently serves in the Regular Air Force in the grade of technical sergeant.  His spouse separated from the Regular Air Force and he elected FSGLI coverage in the amount of $100,000 by submitting SGLV Form 8286A, Family Coverage Election, on 6 Mar 07.

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AIR FORCE EVALUATION:

AFPC/DPFC recommends the application be denied.  DPFC states in part, the Air Force took adequate steps as directed to inform all members of this new program.  Additionally, in accordance with Public Law, the applicant’s spouse was insured for $100,000 since 1 Nov 01, and continues to be covered under FSGLI.  Had his spouse become a fatality during this period, the proceeds of the $100,000 coverage would have been paid to him IAW 38 U.S.C. 1970.

DPFC contacted his current Military Personnel Flight to ascertain if his personnel records reflected a declination of FSGLI coverage in 2001.  There was no evidence in his personnel file that he declined FSGLI coverage in 2001, or at any other time.  However, there was documentation showing he elected FSGLI coverage on 6 Mar 07.  He was contacted in an attempt to reconcile the difference in his request for correction of records and his election for FSGLI coverage.  He stated that due to his spouse’s active duty status, he did not require the additional insurance; however, since her separation from active service he now wanted to maintain the FSGLI coverage.

The applicant was advised that should his request for correction of records be approved, in order to reinstate FSGLI coverage he would need to complete an SGLI Form 8285A, Request for Family Coverage and depending on the health of his spouse, reinstatement of coverage is not a guarantee.  Due to his desire to cover his spouse after her separation from the Air Force and not having knowledge of her medical health history, DPFC requested he provide an addendum to his DD Form 149 clarifying his correction action.  As of 30 May 07, no response has been received by that office.

The DPFC evaluation, with attachments, is attached at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 15 Jun 07, for review and comment within 30 days.  As of this date, no response has been received by this office.

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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 injustice.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded the applicant should be reimbursed for the FSGLI premiums he paid from 1 Nov 01 through 28 Feb 07.  Applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the office of primary responsibility.  We therefore agree with their recommendation and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain her burden of having suffered either an error or an injustice.  In view of the above and absent persuasive 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 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 AFBCMR Docket Number BC-2007-00828 in Executive Session on 12 Feb 08, under the provisions of AFI 36-2603:

	     XXXXXXXXXX, Panel Chair
	     XXXXXXXXXX, Member
	     XXXXXXXXXX, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 6 Mar 07.
   Exhibit B.  Letter, AFPC/DPFC, dated 4 Jun 07, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 15 Jun 07.

                                   XXXXXXXXXX
                                   Panel Chair