RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00961 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be reimbursed all funds deducted from his pay for the Family Servicemembers’ Group Life Insurance (FSGLI). _________________________________________________________________ APPLICANT CONTENDS THAT: His spouse is an active duty member and pays for her own coverage. He did not ask for, request or inquire about coverage, or make any indication thereto. He was not told at any time during his career that coverage would automatically start unless he declined coverage. He was voluntarily recalled to active duty on 28 September 2009 and received his first Leave and Earnings Statement (LES) in October 2009. No deductions were made from October 2009 to January 2010. His February 2010 LES reflected a deduction of $162, which represents a back collection for September 2009 through February 2010. He had no indication this was going to occur. In support of his request, the applicant provides copies of LES’s for January and February 2010, SFLV Form 8286A, Family Coverage Election, and an FSGLI print-out. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: Available records reflect the applicant entered the Regular Air Force on 30 May 80 and was separated under the Temporary Early Retirement Authority on 1 Sep 94. He was recalled to active duty on 28 Sep 09. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of primary responsibility, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPWC recommends denial. DPWC states it is their opinion the Air Force and the Department of Veterans Affairs have taken adequate steps to inform all members of the FSGLI program. In addition, the applicant was informed about the automatic provision of the FSFLI program when he signed his SFLV Form 8286, on 28 September 2009, indicating he had read and understood the comments. Further, in accordance with Public Law 107-14, the applicant was insured for $100,000 for the period 1 September 2009 to 30 March 2010. Had his spouse become a fatality during this period, the proceeds of the $100,000 coverage would have been paid to him in accordance with Title 38, United States Code 1970. The complete HQ AFPC/DPWC evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 25 June 2010 for review and comment within 30 days (Exhibit D). As of this date, this office has not received a response. _________________________________________________________________ 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 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 Docket Number BC-2010-00961 in Executive Session on 23 September 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 Mar 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSW, undated, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 25 Jun 10.