AF | BCMR | CY2010 | BC-2010-03737
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03737 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be entitled to Post Deployment/Mobilization Respite Absence (PDMRA). During the 2009 mobilization, the applicant earned 30 days of PDMRA for 27 months of creditable mobilized service within the 72-month window. The calculations needed to capture...
AF | BCMR | CY2010 | BC-2010-03738
The member was mobilized for a significant amount of time between 2003 and 2005, and then again in 2009; however, the unit did not implement the PDMRA policy in order to award the applicant his earned days. The calculations needed to capture creditable and applicable deployments for PDMRA are extremely complex and require extensive program knowledge for correct execution. ________________________________________________________________ The following members of the Board considered AFBCMR...
AF | BCMR | CY2010 | BC-2010-03739
The member was mobilized for a significant amount of time between 2003 and 2005, and then again in 2009; however, the unit did not implement the PDMRA policy in order to award the applicant his earned days. The calculations needed to capture creditable and applicable deployments for PDMRA are extremely complex and require extensive program knowledge for correct execution. ________________________________________________________________ The following members of the Board considered AFBCMR...
AF | BCMR | CY2010 | BC-2010-03740
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03740 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be entitled to Post Deployment Mobilization Respite Absence (PDMRA). The applicant has been awarded 10 days of PDMRA on current 2010 mobilization based on a PDMRA calculation with no previous PDMRA used. If the applicant was afforded the...
AF | BCMR | CY2010 | BC-2010-03741
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03741 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be entitled to Post Deployment/Mobilization Respite Absence (PDMRA). Due to the lack of program knowledge by the squadron, many members of the wing were not informed of their earned PDMRA credit. ...
AF | BCMR | CY2010 | BC-2010-03742
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03742 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be entitled to Post Deployment Mobilization Respite Absence (PDMRA). The applicant has been awarded four days of PDMRA on current 2010 mobilization based on a PDMRA calculation with no previous PDMRA used. If the applicant was afforded the...
AF | BCMR | CY2010 | BC-2010-03744
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03744 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be entitled to Post Deployment Mobilization Respite Absence (PDMRA). The applicant has been awarded five days of PDMRA on current 2010 mobilization based on a PDMRA calculation with no previous PDMRA used. If the applicant was afforded the...
AF | BCMR | CY2010 | BC-2010-03750
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03750 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be entitled to Post Deployment Mobilization Respite Absence (PDMRA). The applicant has been awarded five days of PDMRA on current 2010 mobilization based on a PDMRA calculation with no previous PDMRA used. If the applicant was afforded the...
AF | BCMR | CY2010 | BC-2010-03760
The member was mobilized for a significant amount of time between 2003 and 2005, and then again in 2009; however, the unit did not implement the PDMRA policy in order to award the applicant his earned days. The calculations needed to capture creditable and applicable deployments for PDMRA are extremely complex and require extensive program knowledge for correct execution. ___________________________________________________________ The following members of the Board considered AFBCMR...
AF | BCMR | CY2010 | BC-2010-03761
The member was mobilized for a significant amount of time between 2003 and 2005, and then again in 2009; however, the unit did not implement the PDMRA policy in order to award the applicant his earned days. The calculations needed to capture creditable and applicable deployments for PDMRA are extremely complex and require extensive program knowledge for correct execution. ________________________________________________________________ The following members of the Board considered AFBCMR...
AF | BCMR | CY2010 | BC-2010-03762
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03762 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be entitled to Post Deployment/Mobilization Respite Absence (PDMRA). The remaining relevant facts pertaining to this application, extracted from the applicants military records, are contained in the letters prepared by the appropriate office of...
AF | BCMR | CY2010 | BC-2010-03764
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03764 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for discharge, fraudulent entry into military service, be changed. On 26 May 2010, the applicant was notified of his commanders intent to discharge him for fraudulent enlistment. We find the narrative reason for separation that...
AF | BCMR | CY2010 | BC-2010-03766
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03766 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibits C and...
AF | BCMR | CY2010 | BC-2010-03768
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03768 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Reentry (RE) code of 2C (Involuntarily separated with an honorable discharge) be changed. After considering all the facts and evidence in the case, the Board determined the applicants narrative reason for separation was appropriate to the...
AF | BCMR | CY2010 | BC-2010-03777
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03777 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibits C and...
AF | BCMR | CY2010 | BC-2010-03789-2
ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: BC-2010-03789 COUNSEL: None HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be entitled to Variable Special Pay (VSP), Board Certification Pay (BCP), Additional Specialty Pay (ASP), Multiyear Special Pay (MSP), and Multiyear/Single Year Incentive Special Pay (MISP), as a result of his service as a physician...
AF | BCMR | CY2010 | BC-2010-03800
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03800 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her surname on her retirement check reflect rather than . _________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letter prepared by the appropriate...
AF | BCMR | CY2010 | BC-2010-03807
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03807 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His records be corrected to reflect the Vietnam Service Medal (VSM), with one Bronze Service Star (1BSS). However, with regard to his request to reflect his service in Vietnam, we agree with the opinion and recommendation of the Air Force office...
AF | BCMR | CY2010 | BC-2010-03815
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03815 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect award of the: 1. On 4 January 2011, AFPC/DPSIDR administratively corrected the applicants record to reflect the VSM with two Bronze Service...
AF | BCMR | CY2010 | BC-2010-03821
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03821 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment contract be nullified and he be granted an extension, contingent on reenlisting in the future, if necessary. He admits to being the biggest culprit in this error for not thoroughly reviewing the contract before signing it; however,...
AF | BCMR | CY2010 | BC-2010-03822
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03822 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect the following: 1. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial of the applicants request for award of the DFC and PH. DPSIDR states the...
AF | BCMR | CY2010 | BC-2010-03825
DPAPP states they were unable to location documentation in the applicants master personnel records reflecting service in Vietnam. The complete HQ AFPC/DPAPP evaluation is at Exhibit C. The applicant provided a response to the request from HQ AFPC/DPAPP. 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...
AF | BCMR | CY2010 | BC-2010-03826
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03826 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to a general discharge. The complete JAJM evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 18 Feb 11, a copy of...
AF | BCMR | CY2010 | BC-2010-03827
He was recommended for a BSM while serving in a combat zone and performing duties outside the wire in areas routinely attacked by insurgents and this award should not have been downgraded for being non-combat. In support of his request, the applicant provides copies of his MSM certificate, dated 3 Sep 08 (Permanent Order #285-008), DA Form 638, Recommendation for Award; AF IMT 77, Letter of Evaluation, Memorandum from AFPC/DPSIDR, Memorandum to AFCENT A1 Decorations, and email and phone...
AF | BCMR | CY2010 | BC-2010-03833
_________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPAO recommends changing the applicants duty title as Group Commander for the IAAFA, effective 28 Jul 10. DPAO states that at the time the applicant met the SERB his records did not correctly reflect his current duty as Group Commander; however, the applicant provided documentation showing his assumption of command on 28 Jul 10. The DPAO complete evaluation is at Exhibit B. AFPC/DPTOS states...
AF | BCMR | CY2010 | BC-2010-03836
AFBCMR BC-2010-03836 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: 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 in the accompanying...
AF | BCMR | CY2010 | BC-2010-03846
AFBCMR BC-2010-03846 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: Having carefully reviewed this application, we agree with the recommendation of the BCMR Medical Consultant 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 in the accompanying Memorandum for the Chief...
AF | BCMR | CY2010 | BC-2010-03850
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03850 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. A1K notes that in the Reserve, enlisted members are promoted IAW AFPD 36-25 and AFR Promotion Policy, which means he needed to be recommended by the assigned supervisor and approved by the promotion authority (commander). ...
AF | BCMR | CY2010 | BC-2010-03854
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03854 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His Retired pay grade be changed to the grade of Technical Sergeant (TSgt/E-6). He was relieved from active duty, on 31 Dec 09, under the provisions of AFI 36-3203, with a reason for separation of voluntary retirement: sufficient service for...
AF | BCMR | CY2010 | BC-2010-03859
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03859 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. On 13 May 1987, the applicant was discharged from active duty with a general (under honorable conditions) discharge. ...
AF | BCMR | CY2010 | BC-2010-03866
On 25 Sep 08, the applicant concurred with the recommendation. The complete DPSDC evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states his medical/treatment records clearly verify zero signs of asthma pre-deployment and confirm diagnosis post-deployment. _________________________________________________________________ The following members of the Board considered...
AF | BCMR | CY2010 | BC-2010-03867
In recognition of the applicant's retirement on 1 June 2009, he was recommended for award of the LOM (in an undated letter) by the Chief, Astronaut Office. Due to the award period of the Mar 09 DMSM, that time and the STS-124 mission cannot be considered in the award of the retirement LOM. In our view, the evidence of record indicates it was clearly their intent that the applicant receive the Legion of Merit at retirement.
AF | BCMR | CY2010 | BC-2010-03881
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03881 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) character of service be upgraded to honorable. On 23 May 58, the applicant was discharged under the provisions of AFR 39-16, by reason of unsuitability, with service characterized as general (under honorable...
AF | BCMR | CY2010 | BC-2010-03892
_________________________________________________________________ APPLICANT CONTENDS THAT: The CRSC office denied his request and claims he has not provided enough evidence to show that his service related disabilities are directly linked to combat-related (also training for combat/hazardous service) factors. The complete DPSDC evaluation, with attachment, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 14 Jan...
AF | BCMR | CY2010 | BC-2010-03895
The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial, indicating there is no evidence of an error or injustice with respect to the NJP. The applicant has not provided any evidence that an error or injustice occurred in the processing of his...
AF | BCMR | CY2010 | BC-2010-03899
On 24 Jun 10, the applicants commander notified him that he was recommending he be discharged from the Air Force for Erroneous Enlistment. Additionally, we note the applicants RE code should reflect 2C Involuntarily separated with an honorable discharge; or entry-level separation without characterization of service, based on his entry-level separation with uncharacterized service. _________________________________________________________________ The following members of the Board...
AF | BCMR | CY2010 | BC-2010-03918
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03918 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His Duty Air Force Specialty Code (DAFSC) on his Officer Selection Brief (OSB) be corrected to reflect K11M3K rather than 11M3K, effective 1 Jan 05; and that his corrected record receive Special Selection Board (SSB) consideration for promotion...
AF | BCMR | CY2010 | BC-2010-03922
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: AFPC/DPSIDR recommends denial of the applicants request for the ASCM and AFESR, indicating there is no evidence of an error or injustice. The ASCM is awarded to Air Force members who, after 24 Mar 99, participated in, or directly...
AF | BCMR | CY2010 | BC-2010-03928
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03928 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her reentry (RE) code of 4K, which denotes medically disqualified or pending medical evaluation board (MEB) or physical evaluation board (PEB) be changed to a RE code that will allow her to reenlist without a waiver. On 27 March 2002, the applicant...
AF | BCMR | CY2010 | BC-2010-03930
AFBCMR BC-2010-03930 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: 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 in the accompanying...
AF | BCMR | CY2010 | BC-2010-03932
In support of his request, the applicant provides personal letters, a statement from the National Society Daughters of American Revolution; his Honorable Discharge Certificate, WD AGO 53-55, Enlisted Record and Report of Separation; WD AGO Form 100, Army of the United States Separation Qualification Record; mission reports, Letter of Commendation, special order Number 5, Award of the Purple Heart (PH), General Orders Number 1640 and 2129; and letters from the American Battle Commission...
AF | BCMR | CY2010 | BC-2010-03937
As a result, he was denied medical continuation orders despite all the right medical reasons and documentation. Therefore, based on the available evidence, we recommend his records be corrected to reflect he was on medical continuation orders for the periods 30 December 2006 to 1 April 2007 and 8 June 2007 to 7 September 2007. Exhibit D. SAF/MRBR, Letter, dated 14 January 2011.
AF | BCMR | CY2010 | BC-2010-03938
_________________________________________________________________ STATEMENT OF FACTS: The applicant was a member of the Air Force Reserve and was on active duty orders from 13 Oct 09 to 9 Jun 10. The supporting Reserve Medical Unit (RMU) was not notified of this until Apr 10; therefore, no LOD determination or profile action was taken prior her being placed on long term orders. The complete A1K evaluation is at Exhibit...
AF | BCMR | CY2010 | BC-2010-03942
The complete DPTOS evaluation is at Exhibit G. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: With regard to his request to remove and void the EPRs from Aug 06 and Oct 07, the applicant states he cannot submit anything to the ERAB without having first corrected the Article 15, because the 07 EPR hinges solely on the decision regarding the Article 15. The applicant requests his EPR ending 5 Aug 06 be removed from his record. We...
AF | BCMR | CY2010 | BC-2010-03944 ADDENDUM
For an accounting of the facts and circumstances surrounding the applicants appeal and the rationale of the earlier decision by the Board, see the Record of Proceedings, with attachments, at Exhibit E. In an application to the Board dated 26 July 2012 and 17 October 2012, the applicant requests reconsideration. He states that he had boots on the ground in Saigon, Vietnam, in 1969 and on the return flight in July. Therefore, we do not find the additional evidence presented is sufficient to...
AF | BCMR | CY2010 | BC-2010-03963
The applicant completed an election to decline SBP coverage; however, her husbands concurrence was dated prior to the date of her signature, invalidating the election. DPSIAR on 5 November 2010, they requested the applicant obtain a notarized statement signed by her husband to acknowledge he understands retired pay ceases when the applicant dies and approval of her request would result in him receiving no monetary benefit from the Air Force upon her death. As of this date, this office has...
AF | BCMR | CY2010 | BC-2010-03980
The complete DPAPP evaluation is at Exhibit B. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice with regards to the applicants request to add Foreign Service in Guam and service during the Cuban Missile Crisis to his DD Form 214. _________________________________________________________________ The following members of the Board considered Docket Number BC-2010-03980 in Executive Session on 24 May 11, under the provisions of AFI...
AF | BCMR | CY2010 | BC-2010-03985
DPSIDR states while there is evidence to support the deceased member was injured during his active duty service, there is a lack of sufficient evidence to support the injury was received as a direct result of enemy action. _________________________________________________________________ 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...
AF | BCMR | CY2010 | BC-2010-03989
After a thorough review of the available evidence and the applicants complete submission, we find no evidence which would lead us to believe the deceased members injuries were a direct result of enemy action or friendly fire as required for award of the PH. Therefore, 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 deceased member has not been the victim of an error or...
AF | BCMR | CY2010 | BC-2010-03994
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 Exhibits 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. Notwithstanding the above, the Board could find there was...