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:    JOHN   E.
HOWELL

                                             HEARING DESIRED:  YES



MANDATORY CASE COMPLETION DATE:  7 OCTOBER 2006


___________________________________________________________________

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.

___________________________________________________________________

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.

___________________________________________________________________

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.

___________________________________________________________________

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.

___________________________________________________________________

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.

___________________________________________________________________

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.

___________________________________________________________________

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

      Ms. Rita S. Looney, Panel Chair
      Ms. Barbara R. Murray, Member
      Mr. James A. Wolffe, Member

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.




                                   RITA S. LOONEY
                                   Panel Chair