RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-02907 INDEX CODE:	128.14
COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His spouse's Temporary Disability Retired List (TDRL) date be changed to reflect that she was on active duty when she died in order to receive the Service Group Life Insurance (SGLI) increase to $400,000 from $250,000.

APPLICANT CONTENDS THAT:
His spouse could have been on active duty when the SGLI benefit was increased; if she had known the benefits for her family would have increased she would have prolonged her active duty service and ultimately reduced the burden on her family. She could have appealed the Medical Evaluation Board's (MEB) findings; however, in the best interest of the Air Force, she did not appeal and was placed on the TDRL on 20 July 2002.

In support of his request, the applicant provided a personal statement and a copy of his spouse's death certificate.

His complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
The	applicant	is	the	surviving	spouse	of	a	retired	technical sergeant (E-6) who is now deceased.

AIR FORCE EVALUATION:
AFPC/DPSD recommends denying the applicant's request to change the spouse's DD Form 214 to reflect that she was retired on
1 October 2002. DPSD states that the applicant's spouse was not on active duty at the time of her death and the law does not provide any provisions that would authorize changing the DD Form
214 to a later date.

The complete DPSD evaluation is at Exhibit C.
AFPC/DPWC recommends denial. DPWC states that in accordance with the law the applicant received exactly what he was entitled to at the time of his spouse’s death, which was the SGLI in the amount of $100,000.  He was not entitled the additional SGLI amount of
$150,000 since his spouse was not on active duty when she died. The complete DPWC evaluation, with attachment, is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 21 November 2008 for review and comment within 30 days.  As of this date, this office has received no 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, after careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action. Absent persuasive evidence the applicant was denied rights to which entitled, appropriate regulations were not followed, or appropriate standards were not applied, we find no basis to disturb the existing record. Thus, we agree with the opinion and recommendation of the Air Force offices of primary responsibility and adopt their 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 compelling 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-2008-02907 in Executive Session on 6 January 2009, under the provisions of AFI 36-2603:

Chair 
Member
Member
The following documentary evidence was considered:
Exhibit A.	DD Form 149, dated 1 August 2008, w/atchs. Exhibit B.	Applicant's Master Personnel Records.
Exhibit C.	Letter, AFPC/DPSD, dated 26 September 2008. Exhibit D.	Letter, AFPC/DPWC, not dated, w/atchs.
Exhibit E.	Letter, SAF/MRBR, dated 21 November 2008.