RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01235
				INDEX CODE:  100.00
				COUNSEL:  NONE
				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be refunded the Family Servicemember’s Group Life Insurance (FSGLI) premiums deducted on 30 Jan 07 ($40.00), 20 Feb 07 ($40.00) and the debt deduction of $120.00.

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APPLICANT CONTENDS THAT:

He was never given the opportunity to elect or waive this insurance coverage for his wife.

In support of his appeal, applicant submitted a personal statement, several leave and earning statements, and a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty.

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

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B.

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AIR FORCE EVALUATION:

NGB/A1PS recommends the requested relief be denied.  A1PS states his FSGLI coverage was terminated on 31 Jan 07.  In the event his spouse had passed prior to 31 Jan 07, services would have been rendered by OSGLI; therefore, the premiums that were paid are valid and cannot be refunded.  A1PS further recommends that his 
unit submit a Case Management System (CMS) file to refund any premiums deducted from his pay after 1 Feb 07. 

The complete NGB/A1PS evaluation is 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 Feb 08, 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.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.  After our review of the evidence presented we believe the applicant has established reasonable doubt as to whether or not he was aware of his requirement to decline participation in the FSGLI program.  It is our opinion that the benefit of any doubt in this matter should be resolved in his favor, therefore we recommend his records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 29 October 2006, he elected to decline coverage under the Family Servicemember's Group Life Insurance program.  
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The following members of the Board considered AFBCMR Docket Number BC-2007-01235 in Executive Session on 18 Mar 08, under the provisions of AFI 36‑2603:

			XXXXXXXXXX, Panel Chair
			XXXXXXXXXX, Member
			XXXXXXXXXX, Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 17 Apr 07, w/atchs.
   Exhibit B.  Letter, NGB/A1PS, dated 4 Feb 08, w/atch.
   Exhibit C.  Letter, SAF/MRBR, dated 15 Feb 08.

							XXXXXXXXXX
							Panel Chair