RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	    DOCKET NUMBER: BC-2004-01579

  		    COUNSEL:  

			    HEARING DESIRED:  Yes
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APPLICANT REQUESTS THAT:

Her deceased brother’s records be corrected to show she is entitled to his Air Force Retirement benefits.

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APPLICANT CONTENDS THAT:

On all of the deceased applicant’s accounts (IRA, etc), on his employment life insurance designation (SPPCO) and on his last Will and Testament, his sister, was the named beneficiary.

In support of her request, she submits a copy of her deceased brother's certificate of death, Last Will and Testament, and bank account statement.

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

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STATEMENT OF FACTS:

Available records indicates the deceased applicant enlisted in the Air Force Reserve on 13 December 1966.  He was commissioned as a 2nd lieutenant on 28 May 1971.  He was honorably retired in the grade of major on 1 September 1986.

The deceased member did not enroll in the Reserve Component Survival Benefit Plan nor was he eligible for Servicemen Group Life Insurance at the time of his death.  The member died on     18 March 2003.

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AIR FORCE EVALUATION:

ARPC/DPS recommended denial and stated that there is no evidentiary finding that shows a lack of written beneficiary designation as mentioned in the sister’s remarks on the DD Form 149.
ARPC/DPS evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant’s counsel on 11 June 2004 for review and comment within 30 days. As of this date, no response has been received by this office.

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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.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that the deceased member’s records should be altered so the applicant would receive Air Force benefits.  In this regard, the deceased member did not enroll in the Reserve Component Survival Benefit Plan nor was he eligible for Servicemen Group Life Insurance at the time of his death.   Applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force Reserve Personnel Center. We therefore agree with the recommendations of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain her burden of having suffered either an error or an injustice.  In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

4.  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 issues 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 probable 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-2004-01579 in Executive Session on 27 July 2004 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 11 May 04, w/atchs.
   Exhibit B.  Letter, HQ ARPC/DPS, dated 4 Jun 04.
   Exhibit C.  Letter, SAF/MRBR, dated 11 Jun 04.