RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-01457 XXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: She be reimbursed for Family Servicemembers’ Group Life Insurance (FSGLI) premiums in the amount of $1,450.00. APPLICANT CONTENDS THAT: Almost a year after her marriage on 13 October 2013, she made an appointment to obtain an identification card for her spouse. She was never given the option of FSGLI or was aware that it would be automatically deducted from her military pay. A month later she found out that she had incurred an FSGLI debt. She was never briefed about the program as mandated by law and it was not until November 2014, when a total of $1,450.00 was deducted from her pay did she complete SGLI Form 8286, Servicemembers’ Group Life Insurance Election Certificate, to decline FSGLI coverage. She was never informed of nor briefed about FSGLI or about the payments that would be incurred and she was not offered the chance to review the policy or to decline coverage. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is currently serving in the Air National Guard in the grade of master sergeant (E-7). On 19 November 2014, the applicant completed an SGLV 8286A, SGLI Spouse Coverage and Election Certificate, declining SGLI coverage. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: ARPC/DPTT recommends denial indicating there is no evidence of an error or an injustice. The applicant was married on 13 October 2013. However, she neglected to enroll her spouse into the Defense Enrollment Eligibility Reporting System (DEERS) and was not aware of the debt until the update was made on 8 September 2014; therefore, the debt is valid. Effective 3 September 2013, spouses and children of same sex military families were able to enroll in DEERS. The applicant delayed enrolling her spouse into DEERS until 8 September 2014. According to the FSGLI Procedural Guide, dated 12 May 2014, Servicemembers who delay enrollment of their spouses into DEERS incur a debt for back premiums. Therefore once the applicant enrolled her spouse, she incurred the debt associated with her date of marriage on 13 October 2013. Members are required by law to pay premiums retroactively to the date of marriage. DPTT also provides a copy of the Family SGLI Procedural Guide, Version 2.6, dated 12 May 2014, that states in part that “Premiums for spouse coverage are due the month of the event that causes coverage to occur (e.g. Nov 1 2001, induction of the Servicemember into service or the date of a marriage while in service). If the member does not notify the service of his/her marriage, premiums for spouse coverage are still due and will be collected retroactively.” A complete copy of the ARPC/DPTT evaluation, with attachment, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: She does understand the policy as described in the FSGLI Procedural Guide, dated 12 May 2104, and recognizes that members are required by law to pay premiums for SGLI. However, she was not counseled on the program, therefore she was never properly enrolled. According to AFI 36-3002, Casualty Services, paragraph 8.3 (Minimum Counseling Information for Members Making SGLI Elections) “Special counseling is [required] by Title 38, United States Code, Section 1967(d). This counseling is intended to inform members of their insurance benefits, the rationale behind those benefits, and the general availability of commercial alternatives. It is intended to stimulate consideration of personal insurance requirements in the context of overall estate planning.” She reiterates that she never received FSGLI counseling as required by law. Therefore, she pleads with the Board to grant her request for reimbursement in the amount of $1,450.00. The applicant’s complete response with attachments, is at Exhibit E. 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 available evidence and the applicant’s complete submission, we find no evidence that would persuade us to correct her records as requested. While the applicant's assertions of miscounseling are noted, she has not provided substantial evidence which, in our opinion, successfully refutes the assessment of her case by the Air Force OPR. Therefore, we agree with the opinion and recommendation of the Air Force OPR and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain her burden of proof of either an error or an injustice. In the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 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. The following members of the Board considered AFBCMR Docket Number BC-2015-01457 in Executive Session on 18 February 2016, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01457 was considered: Exhibit A. DD Form 149, dated 1 April 2015, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, ARPC/DPTT, dated D21 September 2015, w/atch. Exhibit D. Letter, AFBCMR, dated 3 December 2015. Exhibit E. Letter, Applicant, dated 17 December 2015, w/atchs.