RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-03318
		INDEX CODE:  128.14
	 	COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be reimbursed for the Family Servicemembers’ Group Life 
Insurance (FSGLI) premiums deducted from his pay from 1 Nov 01 
through 31 Oct 07.

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APPLICANT CONTENDS THAT:

He was married in Aug 00.  In Nov 01, while stationed at Travis 
AFB CA, he and his military wife decided their active duty 
coverage was enough and that they did not need FSGLI. 
Additionally, they had no children at the time.

He states he could not have afforded any other money deducted 
from his check due to paying approximately $1,500 in child 
support from a previous marriage.  If he had been charged for 
FSGLI, he would have definitely made sure the finance office 
knew and he would have declined the coverage.

In support of his request, the applicant provided a copy of an 
email relating to his FSGLI coverage.

The applicant's complete submission, with attachment, is at 
Exhibit A.

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STATEMENT OF FACTS:

On 5 Jun 01, President Bush signed the Veteran’s Survivor 
Benefits Improvement Act of 2001 (Public Law 107-14) into law, 
which was the enabling legislation for the FSGLI program.  
FSGLI, which was implemented DoD-wide on 1 Nov 01, 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 went 
into effect on the date of implementation so long as the member 
was insured under the Servicemembers Group Life Insurance (SGLI) 
program.

Specific instructions were also provided to all Air Force bases 
on the procedures they needed to follow in order to ensure that 
military married to other military members were properly charged 
for this new benefit.  

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AIR FORCE EVALUATION:

AFPC/DPFC recommends denial.  DPFC states there was no SGLV Form 
8286A, Family Coverage Election, reflecting a declination of 
coverage other than the declination form the applicant completed 
on 10 Oct 07, nor did the applicant  provide a copy of the 
referenced declination.  

DPFC states it is their opinion that the Air Force fully 
complied with Public Law 107-14 by providing information in 
advance of the implementation so that members could make an 
informed decision.  In addition, comments about FSGLI appeared 
in the remarks section of every member’s leave and earnings 
statement from 30 Aug to   15 Nov 01.
  
The AFPC/DPFC complete evaluation, with attachments 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 7 Dec 07 for review and comment within 30 days 
(Exhibit C).  As of this date, this office has not received a 
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.  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 office of primary responsibility and adopt its 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice.  Therefore, in the 
absence of evidence to the contrary, we find no compelling basis 
to recommend granting the relief sought in this application.

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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-
2007-03318 in Executive Session on 19 Mar 08, under the 
provisions of AFI 36-2603:


The following documentary evidence was considered:

    Exhibit A.  DD Form 149, w/atch, dated 2 Oct 07.
    Exhibit B.  Memorandum, AFPC/DPFC, w/atchs, dated 15 Nov 07.
    Exhibit C.  Letter, SAF/MRBR, dated 7 Dec 07.