RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2003-02926
								INDEX CODE:  128.00

								COUNSEL:  

								HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  7 OCTOBER 2006

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APPLICANT REQUESTS THAT:

His deceased father’s service records be corrected to show that he is the eligible beneficiary of his father’s death gratuity pay, travel bonds and insurance.

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APPLICANT CONTENDS THAT:

He is the rightful beneficiary of his father’s death gratuity pay.  The death gratuity, insurance and travel insurance were never paid to the children.  The unused leave and money was paid to his father’s sister, xxxxxx xxxxxxxx.  It should have been paid to the children.

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

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STATEMENT OF FACTS:

The former service member served in the U.S. Army from 9 Jan 41 to 8 Aug 45.  His highest grade held was private.  He served in the Air Corps from 13 Feb 46 to 10 Feb 47.

He enlisted in the Army Air Forces on 8 Oct 47, in the grade of private first class, for a period of three years.  On 21 Jun 48, the former member was killed in an automobile accident.

The Enlistment Record, WD AGO Form 21, executed by the former servicemember on 6 Oct 47, listed his mother as his nearest relative to be notified in case of emergency.  His designation of beneficiary listed his wife, xxxxxxxxx xxxxxxx, address unknown, as the first beneficiary, then his mother and sister.  The former member also signed a statement in Section 19 of his enlistment contract that he desired no insurance.

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AIR FORCE EVALUATION:

HQ AFPC/DPFC reviewed this application and stated, in part, official records obtained from the National Personnel Records Center (NPRC) confirm that at the time of the service member’s death, he was survived by a legal spouse, who would have been the recipient of the death gratuity payment.  Therefore, no death gratuity payment would be authorized to a surviving child.  Information about any potential life insurance can be obtained by writing to the Veteran Administration Life Insurance Center, P.O. Box 8079, Philadelphia, PA 19101.  They are unfamiliar with the term “travel bonds” and are unable to address that portion of the application.

Title 10, U.S.C., Section 1477 states, “A death gratuity payable upon the death of a person covered by section 1475 or 1476 of this title shall be paid to or for the living survivor highest on the following list: (1) His surviving spouse; (2) His children, as prescribed by subsection (b), in equal shares; (3) If designated by him, any one or more of the following persons: (A) His parents or persons in loco parentis, as prescribed by subsection (c), (B) His brothers and (C) His sisters.”

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response, applicant states that if the spouse was xxxxxx, he has proof that she was not the legal wife because his father’s divorce from xxxxxxxxxx was not final at that time.  He further contends that xxxxxxxxx xxxxxx was not the proper next-of-kin, in 1948, when the Air Force gave her the unused leave and money.

Applicant’s complete response is at Exhibit E.

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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  After careful consideration of applicant’s request and the available evidence of record, we found insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  Based upon the presumption of regularity in the conduct of governmental affairs and without evidence to the contrary, we must assume that payment of his father’s death gratuity was made to the proper designated beneficiary.  Therefore, in the absence of evidence to the contrary, we find no basis upon which to favorably consider his request.

4.  With respect to any potential life insurance, we note the office of primary responsibility suggests that the applicant contact the Veterans Administration Life Insurance Center, PO Box 8079, Philadelphia PA 19101 on this matter.  Additionally, we are unaware of the “travel bonds” the applicant is referring to and are therefore unable to respond to this portion of his request.  

5.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved.  Therefore, the request for a hearing is not favorably considered.

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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‑2003-02926 in Executive Session on 3 August 2005, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Apr 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPFC, dated 11 May 05.
    Exhibit D.  Letter, SAF/MRBR, dated 13 May 05.
    Exhibit E.  Letter, Applicant, dated 17 May 05.