SECOND ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2006-01544

	COUNSEL: NONE
	(DECEASED)

	HEARING: NO 
	(WIDOW/APPLICANT)

APPLICANT REQUESTS THAT:

The Board reconsider her request to correct her deceased husband’s record to reflect he was not placed on the Temporary Disability Retired List, but rather remained on active duty until the time of his death on 1 Dec 06.  

RESUME OF THE CASE:

On 26 Oct 06, the Board considered and denied a request for correction of military records submitted by the applicant, finding insufficient relevant evidence had been presented to demonstrate the existence of an error or injustice.  Under existing laws, the Air Force utilized the imminent death process in her husband’s case in order to afford the next of kin the most financially advantageous entitlements available at the time.  Furthermore, the applicant received the increased retroactive death gratuity under Public Law 109-163, 6 Jan 06.  For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings at Exhibit G.  On 12 Sep 16, the applicant’s daughter requested reconsideration of her mother’s original request; however, on 20 Sep 17, the AFBCMR Executive Director determined the request did not meet the criteria for reconsideration since she had provided no new evidence for the Board’s consideration (Exhibit H).  On 20 Oct 17, the applicant requested reconsideration of her request.  She again contends Congress enacted P.L. 109-163 providing retroactive special death gratuity of $150,000.00 to Servicemember Group Life Insurance (SGLI) beneficiaries.  Furthermore, P.L. 109-13 increased the SGLI to $400,000.00, further amended by P.L. 109-163, for non-combat deaths.  She should be entitled to the increases in benefits associated with the law changes and changing the record would be in keeping with the original intent of maximizing benefits for the service member’s family.  The applicant’s complete submission is at Exhibit I.

AIR FORCE EVALUATION:

AFPC/DPFC recommends denying the application.  After a thorough review if the records and in coordination with AFPC Disability Evaluation Quality Assurance & Policy, there were no errors in the deceased service member’s disability retirement processing.  The Air Force policy at the time was to facilitate expeditious retirement of service members before they pass in order for the member’s immediate family to gain the most military and financial benefits as allowed by law.  The complete advisory is at Exhibit J.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 15 Sep 18 for comment (Exhibit K), but has received no response.

THE BOARD CONCLUDES THAT:

After reviewing all Exhibits, the Board remains unconvinced the evidence presented demonstrates an error or injustice and therefore finds no basis to recommend granting the requested relief.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2006-01544-3 in Executive Session on 1 Nov 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit G:	Record of Proceedings, w/ Exhibits A-F, dated 5 Dec 06.
Exhibit H:	Letter, SAF/MRBC (Denial of Reconsideration), dated 20 Sep 17.
Exhibit I:	Application, DD Form 149, w/atchs, dated 23 Oct 17.
Exhibit J:	Advisory opinion, AFPC/DPFC, dated 29 Jun 18. 
Exhibit K:	Notification of Advisory, SAF/MRBC to applicant, dated 15 Sep 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings of Docket Number BC-2006-01544-3 required by AFI 36-2603, paragraph 4.11.9.