AF | BCMR | CY2010 | BC-2010-01899
She does not argue the fact that she had an issue with drinking while serving in the Air Force; however, at that time she could have used someone to guide her who could have aided her in completing her military obligation, but the Air Force was quick to discharge her. Having found no error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to grant favorable action on her request. ...
AF | BCMR | CY2010 | BC-2010-01900
The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AF/A1PA indicates that both the Department of Defense (DoD) and Department of Veterans Affairs (DVA) widely publicized the Post- 9/11 GI Bill and the transferability feature. ...
AF | BCMR | CY2010 | BC-2010-01927
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01927 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Report of Separation from Active Duty, be corrected to reflect his foreign service in Vietnam and Korea. The DPAPP complete evaluation is at Exhibit C. ___________________________________________________________________ APPLICANT'S...
AF | BCMR | CY2010 | BC-2010-01932
He be awarded the Air Force Combat Action Medal (AFCAM). Only one award per operation is authorized. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01932 in Executive Session on 21 Oct 10, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 22 May 10.
AF | BCMR | CY2010 | BC-2010-01935
INDEX CODE: 100.00 AFBCMR BC-2010-01935 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: XXXXXXX Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be corrected as set forth...
AF | BCMR | CY2010 | BC-2010-01937
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01937 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. Having found no error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to grant favorable...
AF | BCMR | CY2010 | BC-2010-01939
Defective distant vision acuity diagnosis 13 June 1967. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that: 1. His Standard Form 93, Report of Medical History, dated 24 November 1987, be amended in Item 25, Physicians summary and elaboration of all pertinent data to reflect the following notes: Defective distant vision acuity diagnosis...
AF | BCMR | CY2010 | BC-2010-01939 ADDENDUM
Also chart on mandibular arch missing teeth 17, 31, and 32. c. SF Form 93, Item 25, add note all maxillary teeth missing 1-16, replaced by complete denture. _________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: On 20 March 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days (Exhibit K). We note that based on the medical and dental documentation provided by the...
AF | BCMR | CY2010 | BC-2010-01941
She was removed from that profile long enough in the spring of 2008 to delay her promotion to colonel and placed back on the identical profile in the summer of 2008 and ordered to meet a medical evaluation board. _________________________________________________________________ AIR FORCE EVALUATION: AF/DPO recommends the applicants 2008 Training Report, Blocks 2 and 3, be changed to read meets standards in professional qualities and meets standards in Physical Fitness with PFT score of...
AF | BCMR | CY2010 | BC-2010-01943
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01943 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His Active Duty Service Commitment (ADSC) that was incurred as a result of the Post 9/11 GI Bill transfer of education benefits (TEB) to his dependents be removed. The applicant executed the TEB Application and an Air Force Form 4406, Post 9/11 GI...
AF | BCMR | CY2010 | BC-2010-01944
Members of the Board considered this application on 24 March 2011. Panel Chair Attachments: 1. Letter, AFBCMR Medical Consultant, dated 2 February 2011 AFBCMR BC-2010-01944 MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1552, Title 10, United States Code, Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed that: The...
AF | BCMR | CY2010 | BC-2010-01945
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01945 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of 2C (Involuntarily separated with an honorable discharge; or entry-level separation without characterization of service) be changed to one that will allow him to reenter the military. At the time members are separated from...
AF | BCMR | CY2010 | BC-2010-01948
Further, it must be noted the USAF disability boards must rate disabilities based on the members condition at the time of evaluation; in essence a snapshot of their condition at that time. The complete AFPC/DPSD evaluation is at Exhibit C. The BCMR Medical Consultant recommends denial. However, based on a preponderance of the evidence the applicants disability rating of 70 percent was properly adjudicated and we find no evidence which would lead us to believe that his disability rating...
AF | BCMR | CY2010 | BC-2010-01950
INDEX CODE: 100.00 AFBCMR BC-2010-01950 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: XXXXXXX Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be corrected as set forth...
AF | BCMR | CY2010 | BC-2010-01953
The complete HQ AFRC/SG evaluation is at Exhibit B. HQ AFRC/A1K recommends denial. A1K states that since the applicant has not provided documentation that warrants HQ AFRC/SGs support of her assertion, there is no basis for the requested change. The complete HQ AFRC/A1K evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant questions the legality of her discharge and the whereabouts of her...
AF | BCMR | CY2010 | BC-2010-01955
He elected Option A, Deferred election until age 60. The servicemember was not married at the time of his election, as he divorced in January 2001. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit B. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the...
AF | BCMR | CY2010 | BC-2010-01960
DPSD states the evidence reveals no error or injustice occurred during the disability process or at the time of separation. We took notice of the applicants complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force offices of primary responsibility and adopt their rationale as the basis for our decision the applicant has failed to sustain his burden of proof of the existence of an error or injustice. Exhibit E. Letter,...
AF | BCMR | CY2010 | BC-2010-01962
INDEX CODE: 100.00 AFBCMR BC-2010-01962 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: XXXXXXX Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be corrected as set forth...
AF | BCMR | CY2010 | BC-2010-01967
We note the documentation submitted in support of his post service activities; however, we do not find it sufficient to support changing his characterization of discharge. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01967 in Executive Session on 10 February 2011, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in...
AF | BCMR | CY2010 | BC-2010-01970
The applicants DD Form 4, Enlistment Record, dated 28 February 1956 and his DD Form 214, dated 27 February 1960 lists his DOB as 10 February 1939. The DD Form 4, dated 28 February 1960 and his DD Form 214, dated 5 September 1963 list his DOB as 10 December 1939. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIRP recommends denial, stating, in part, AFI 36-2609, Military Personnel Records System, permits changes to be made for former...
AF | BCMR | CY2010 | BC-2010-01971
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01971 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: 1. Additional relevant facts pertaining to this application, extracted from the applicants military records, are contained in the letters prepared by the appropriate offices of the Air Force. The DPSIDR complete evaluation is at Exhibit...
AF | BCMR | CY2010 | BC-2010-01975
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01975 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to general. The AFLOA/JAJM complete evaluation is at Exhibit D. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded that...
AF | BCMR | CY2010 | BC-2010-01976
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSD recommends denial. The complete copy of the BCMR Medical Consultants evaluation, with attachment, is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: The applicant states the only surgery she had after her discharge was in the Veterans Hospital to attempt to correct residual damage from a surgery completed while she...
AF | BCMR | CY2010 | BC-2010-01982
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01982 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. On 30 July 2010, AFPC/DPSOE notified the applicant that a review of his record revealed that since he was serving under a suspended reduction in grade at the time of his separation, and, they found no documentation vacating the suspended...
AF | BCMR | CY2010 | BC-2010-01984
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01984 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: Her Enlisted Performance Report (EPR) for the reporting period ending 16 Nov 09 be removed from her records. At first it looked promising that her husband would transfer to McGhee-Tyson, TN, where she would be assigned as an instructor. In this...
AF | BCMR | CY2010 | BC-2010-01986
Contrary to the applicant's contentions, the images found on his government computer reasonably could be considered sexually explicit materials. The complete AFPC/DPSOE evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The applicants counsel notes that the AFLOA/JAJM advisory indicates that the main contention is that the images found on his computer were not sexually explicit; however, it is...
AF | BCMR | CY2010 | BC-2010-01987
In support of her request, the applicant provides a personal statement, copies of character reference letters, her DD Form 214, Certificate of Release or Discharge from Active Duty; DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States; letters recommendation, and extracts from her master personnel record. DPSOA states the applicants RE code of 4H is the only description applicable for members serving a suspended Article 15 punishment. We took...
AF | BCMR | CY2010 | BC-2010-01989
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01989 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _______________________________________________________________ _ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded. In view of the foregoing, and in the absence of evidence to the contrary, we conclude that no basis exists for us to recommend an upgrade to the applicants UOTHC...
AF | BCMR | CY2010 | BC-2010-01992
Members of the Board, Ms. Debra M. Czajkowski, Mr. Douglas M. Bennett, and Dr. Deborah T. Peeler, considered this application on 26 August 2010. DEBRA M. CZAJKOWSKI Panel Chair Attachment: Ltr, AFPC/DPSOR dtd 18 June 2010 AFBCMR BC-2010-01992 MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1552, Title 10, United States Code and Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board...
AF | BCMR | CY2010 | BC-2010-01994
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01994 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge be upgraded. The applicant has provided no basis for granting clemency other than his assertion that he has lived a life within the boundaries of the law since his discharge. The JAJM complete evaluation is at Exhibit...
AF | BCMR | CY2010 | BC-2010-01996
The applicant provided no facts warranting a change to her separation code or narrative reason for separation. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. ...
AF | BCMR | CY2010 | BC-2010-01999
INDEX CODE: 100.00 AFBCMR BC-2010-01999 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: XXXXXXX Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be corrected as set forth...
AF | BCMR | CY2010 | BC-2010-02010
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02010 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His fathers DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to show medals for service in Vietnam. In support of his request, the applicant provides a personal letter, copies of extracts from the deceased...
AF | BCMR | CY2010 | BC-2010-02019
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02019 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he made a timely election for former spouse coverage under the Survivor Benefit Plan (SBP). A copy of the SAF/MRB evaluation is at Exhibit...
AF | BCMR | CY2010 | BC-2010-02020
INDEX CODE: 100.00 AFBCMR BC-2010-02020 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: XXXXXXX Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be corrected as set forth...
AF | BCMR | CY2010 | BC-2010-02034
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02034 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The deceased member receives a permanent disability retirement with a 100 percent disability rating with pay and compensation. The deceased members medical history shows pulmonary and other symptoms of this disease were present at the time of...
AF | BCMR | CY2010 | BC-2010-02036
The transfer date could be effective as early as 1 August 2009 and there would be no need to place the service member on active duty since the Transfer of Educational Benefits (TEB) system allows for correction of the record by Air Force personnel. The complete DPSI evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 15 October 2010, a copy of the Air Force evaluation was forwarded to...
AF | BCMR | CY2010 | BC-2010-02044
It should be noted that this Board does not have the authority to award the MOH. Regarding the applicants request that his uncle be awarded the Air Medal with two Oak Leaf Clusters (AM w/2OLCs), based on the NPRC records it appears his uncle was awarded the AM w/1OLC; however, as previously stated by DPSIDRA, the applicant has not provided any official documentation to substantiate the award of the AM w/1OLC was actually made in order for his uncle to be eligible for possible entitlement...
AF | BCMR | CY2010 | BC-2010-02051
INDEX CODE: 100.00 AFBCMR BC-2010-02051 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: XXXXXXX Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be corrected as set forth...
AF | BCMR | CY2010 | BC-2010-02057
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02057 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His reenlistment (RE) code of 2B (Separated with a general or under other than honorable conditions (UOTHC) discharge) be changed to allow him to reenter military service. The applicant in support of his application submitted a...
AF | BCMR | CY2010 | BC-2010-02059
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02059 INDEX CODE: 110.02 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to an honorable or general (under honorable conditions) discharge. Although the applicant contends he has been a model citizen since discharge, the Board majority...
AF | BCMR | CY2010 | BC-2010-02064
The Board chose to separate him and charged him over $33,000.00 for time not served on his AFROTC scholarship. He was forced to pay into the MGIB and due to the Air Force releasing him prior to him serving his commitment; he is not eligible to receive the benefits. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force at Exhibit C and...
AF | BCMR | CY2010 | BC-2010-02070
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02070 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: She be allowed to transfer her Post 9/11 GI Bill benefits to her dependents. The Board could find that there was an injustice if the members were on active duty 1 August 2009, were not personally counseled about the need to execute a transfer while...
AF | BCMR | CY2010 | BC-2010-02076
The VSM is awarded to all service members of the Armed Forces who between 4 July 1965 and 28 March 1973, served in the following areas of Southeast Asia: in Vietnam and the contiguous waters and airspace, in Thailand, Laos or Cambodia or the airspace thereof and in the direct support of military operations in Vietnam. After reviewing the available evidence, we believe the applicant has provided reasonable doubt as to the accuracy of his records. Panel Chair MEMORANDUM FOR THE CHIEF OF...
AF | BCMR | CY2010 | BC-2010-02081
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02081 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show his service time in Vietnam. The complete HQ AFPC/DPAPP evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force...
AF | BCMR | CY2010 | BC-2010-02082
________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPAPP recommends denial, stating, in part, that after a thorough review of the applicants military record, they did not find any documentation of any time served in Southwest Asia. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force offices of primary responsibility and adopt their...
AF | BCMR | CY2010 | BC-2010-02084
On 20 March 1979, the discharge authority approved a general (under honorable conditions) discharge for erroneous enlistment. As of this date, there has been no response received by this office (Exhibit C). We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has failed to...
AF | BCMR | CY2010 | BC-2010-02095
We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-02095 in Executive Session on 1 Feb...
AF | BCMR | CY2010 | BC-2010-02096
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02096 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His Officer Performance Report (OPR) rendered for the period 23 November 2001 through 22 November 2002 be accepted for file in his Officer Selection Record (OSR) in place of the AF Form 77, Supplement Evaluation Sheet, rendered for the period 23...
AF | BCMR | CY2010 | BC-2010-02097
On 7 April 2010, the applicant was notified that he was selected for an assignment. The complete DPAA2 evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 30 July 2010 for review and comment within 30 days (Exhibit D). We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the...