ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  14 January 2020

	DOCKET NUMBER:  AR20170014353


APPLICANT REQUESTS:  

*	in effect, to terminate Family Service Members’ Group Life Insurance (FSGLI) 
from 2008 through 2015
*	a refund for premiums paid

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Defense Enrollment Eligibility Reporting System (DEERS) screenshot
*	self-authored form showing FSGLI deductions
*	Sponsor and Spousal Information screenshot
*	Spouse FSGLI Coverage
*	Leave and Earnings Statement (LES) printouts
*	Pay Report 

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 
Code, section 1552 (b); however, the Army Board for Correction of Military Records 
conducted a substantive review of this case and determined it is in the interest of justice 
to excuse the applicant's failure to timely file.
2.  The applicant states:

*	he is requesting his marriage status be changed from 2008 to 2015 to divorced 
with regard to his FSGLI 
*	he was married while in the active Army from 2001 to 2004
*	he was divorced in 2005 and discharged from active duty on 29 September 2004
*	his divorce decree was uploaded to DEERS in 2008
*	he continuously requested the matter be fixed at the unit level but to avail
*	there were poorly trained unit administrators
*	he provided documentation for the Board's consideration
*	even though his divorce decree was uploaded into DEERS in 2008 when he 
entered the US Army Reserve (USAR)
*	the system continued deducting spousal FSGLI from 2008 through 2015
*	he is requesting a refund for the FSGLI paid after his divorce and correction of 
his records

3.  The applicant's service record contains the following documents for the Board's 
consideration:

	a.  A DD Form 214 (Certificate of Release or Discharge from Active Duty), which 
shows he entered active duty on 30 August 2001 and was released on 29 August 2004.

	b.  Orders 148-006 published by Headquarters, 7th Infantry Division and Fort 
Carson, dated 27 May 2004 separating the applicant from active duty.  The orders 
indicate the applicant had no dependents.

	c.  A DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United 
States) showing the applicant joined the USAR on 15 August 2009.

	d.  A DD Form 93 (Record of Emergency Data), dated 9 December 2012, listing 
the applicant as divorced with one child.

	e.  A DA Form 199 (Informal Physical Evaluation Board Proceedings), dated
25 August 2015 showing the applicant was physically unfit and recommended a rating 
of 70 percent and that he be placed on the permanent disability retired list.  

	f.  Order D254-42 published by United States Army Physical Disability Agency, 
dated 11 September 2015 showing:

*	the applicant was retired for permanent physical disability
*	he was placed on the retired list on 16 October 2015

4.  The applicant's service records are void of a marriage certificate, divorce decree, 
and information regarding FSGLI for his dependents.

5.  The applicant provides the following documents for the Board's consideration:

	a.  A DEERS screenshot showing the applicant was married on 4 March 2004 
and divorced on 27 January 2005.

	b.  A self-authored printout showing FSGLI deductions in the following:

*	from July 2008 through July 2010 $7.00 per month
*	from August 2010 through October 2015 $6.50 per month
*	probable FSGLI refund is $591.50

	c.  A screenshot entitled Sponsor and Spousal Information which shows FSGLI 
coverage was effective 1 July 2008 in the amount of $100,000.

	d.  LESs showing:

*	FSGLI Debt of $6.50 for April 2015, May 2015, June 2015,                           
July 2015, August 2015, and September 2015
*	FSGLI Debt of $6.50 for March 2014
*	FSGLI Debt of $6.50 for January 2013 and March 2013 and an 
FSGLI Debt balance of $0.86
*	an FSGLI premium payment of $6.50 on 8 April 2011
*	an FSGLI premium payment of $7.00 on 3 April 2009
*	an FSGLI debt of $7.00 for February 2010 and March 2010
*	an FSGLI premium payment of $7.00 on 28 April 2010

	e.  A payment report prepared on 2 June 2017 showing FSGLI coverage 
effective June 2008 and FSGLI premiums of $6.50 with a debt of $202.83.

6.  See REFERENCES below for applicable regulations and policy to this case.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, the documents and summaries he provided, the reference to no dependents on 
his separation (from active duty) orders, a DEERS Screenshot reflecting he was 
divorced, the entries on his DD Form 93, his medical retirement, the absence of divorce 
documents and the record of FSGLI debts and payments on his LES.  The Board found 
sufficient evidence to show the applicant was not married at the time of his FSGLI 
payments.  Based on a preponderance of evidence, the Board determined that the 
collection for FSGLI coverage in error and that he should be refunded the amount paid.

2.  After reviewing the application and all supporting documents, the Board found the 
relief was warranted.?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by refunding to the applicant 
the payments made for FSGLI premiums between July 2008 and October 2015.



	  
I certify that herein is recorded the true and complete record of the proceedings of the 
Army Board for Correction of Military Records in this case.

?
REFERENCES:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 years after discovery of the alleged error or 
injustice.  This provision of law also allows the Army Board for Correction of Military 
Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute 
of limitations if the ABCMR determines it would be in the interest of justice to do so.  
2.  Public Law 107-14, effective November 1, 2001, established FSGLI coverage for 
members of the uniformed services who were eligible for SGLI coverage.  This law 
allowed for elected SGLI insurance coverage of the member's spouse for up to 
$100,000 in $10,000 increments and automatic coverage of the member's dependent 
children for $10,000 for the time that they have full-time SGLI coverage.
3.  The Defense Finance and Accounting Service has indicated that the DEERS 
provides the collection data, and once a spouse is registered in DEERS, the deduction 
for FSGLI is made retroactive to 1 November 2001 or the date of marriage, whichever is 
later, if no action to decline FSGLI has been taken.  Further, that no refunds for FSGLI 
premiums that are automatically collected is authorized.


ABCMR Record of Proceedings (cont)	 AR20170014353
	
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