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AF | BCMR | CY2006 | BC-2003-02926-2
Original file (BC-2003-02926-2.doc) Auto-classification: Denied

ADDENDUM TO
                            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:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  01 OCTOBER 2007


___________________________________________________________________

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.

___________________________________________________________________

RESUME OF CASE:

On 3 Aug 05, the  AFBCMR  considered  and  denied  the  applicant’s
request to correct his father’s records to reflect that he  is  the
eligible beneficiary of his father’s  death  gratuity  pay,  travel
bonds  and  insurance.   For  an  accounting  of  the   facts   and
circumstances surrounding the application, and the rationale of the
earlier decision by the Board, see the Record of Proceedings  (ROP)
at Exhibit F.

Subsequent  to  the  Board,  applicant  has   provided   additional
information in support of his appeal and alleges there was no legal
spouse at the time of his father’s death.  His complete submission,
with attachments, is at Exhibit G.

___________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

HQ USAF/JAA reviewed this application and recommended denial.  They
stated, in part, that they believe the applicant’s  father  was  in
fact lawfully married to his wife, ----- --------, and the  payment
of the death gratuity to his wife,  ------,  was  proper.   In  his
enlistment record, he named his mother as his nearest  relative  to
be called in the event of an emergency, and his  wife,  ------,  as
his first beneficiary (followed by his mother and his sister).   In
accordance with that document, the death gratuity was paid  to  his
wife, ------.  As long as ----- ------ lived with  -----  and  held
her out to be his wife, the marriage is valid  under  Georgia  law.
Since ----- ------ identified ------ as his wife on his  enlistment
paperwork in 1947, two years later, they can safely assume  he  did
in fact hold out --------- to be his  wife,  and  that  they  lived
together as husband and wife.  Consequently, the marriage to -------
 was valid, and the payment of the death  gratuity  to  ------  was
legal and proper.  No adjustment or correction to  the  records  is
warranted or appropriate.  The applicant has failed to  demonstrate
the existence of any error or to present any facts or circumstances
supporting an injustice.

A complete copy of the additional evaluation is at Exhibit H.

___________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION

On 8 Dec 05,  a  copy  of  the  evaluation  was  forwarded  to  the
applicant for review and response within 30 days.  As of this date,
no response has been received by this office (Exhibit I).

___________________________________________________________________

THE BOARD CONCLUDES THAT:

After careful consideration of  the  evidence  of  record  and  the
applicant’s most recent submission, we found no evidence  of  error
or injustice.  We agree with the HQ USAF/JAA opinion and adopt  its
rationale as the basis for our conclusion that  the  applicant  has
failed to demonstrate the existence of any error or to present  any
facts or circumstances supporting an injustice that  would  warrant
an adjustment or correction to  the  records.   Therefore,  in  the
absence of evidence to the contrary, we find no basis upon which to
favorably consider his request.

___________________________________________________________________

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 27 January 2006, 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 F.  Record of Proceedings, dated 15 Nov 05,
                W/exhibits A through E.
    Exhibit G.  Additional documents from Applicant.
    Exhibit H.  Letter, HQ USAF/JAA, dated 7 Dec 05, w/atchs.
    Exhibit I.  Letter, AFBCMR, dated 8 Dec 05.



                                   RITA S. LOONEY
                                   Panel Chair

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