SECOND ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1982-02842-2
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His official records be corrected to show he is medically
retired due to a Service connected disability.
2. He receive a retired military identification card.
________________________________________________________________
RESUME OF CASE:
On 30 Aug 82, the Board considered and denied applicants
original request to correct his records to show his medical
problems were service aggravated. In the original case, the
applicant contended his back did not hurt before he entered the
Air Force, and the Air Force did not find a problem when he
initially entered, therefore, his medical problems are service
aggravated. For an accounting of the facts and circumstances
surrounding the applicants original request and the rationale
of the earlier decision by the Board, see the Record of
Proceedings (ROP) at Exhibit F.
On 20 Jul 83, the applicant submitted another DD Form 149 with
the same request, and on 4 Oct 83 the Board determined that he
had submitted no new and/or relevant evidence and denied him
reconsideration, noting the reiteration of facts previously
considered and unsupported personal observations are not
considered a sufficient basis to warrant reconsideration.
On 14 Jun 84, the applicant submitted another DD Form 149 with
the same request, and on 23 May 85, the Board again determined
that he had submitted no new and/or relevant evidence and denied
him reconsideration.
In his latest submission, dated 31 Aug 2011, the applicant
requests reconsideration of his case based upon new evidence.
The new evidence is comprised of a restatement of his previous
contentions, a letter from his physician, and excerpts from his
Radiology Report.
In support of his latest submission, the applicant provides a
transmittal memo, and copies of an expanded statement, a letter
he sent to the President, a letter from a physician, and
selected pages from his 10 Nov 11 Radiology Reports.
The applicants complete submission, with attachments, is at
Exhibit G.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. We have thoroughly reviewed the evidence of record and
considered the weight and relevance of the additional
documentation provided by the applicant, and whether or not it
was discoverable at the time of any previous application. While
we find the additional statements and medical documentation
rendered in the applicants behalf new, we do not find it
relevant. As the applicant has been previously advised,
reconsideration is provided only where newly discovered relevant
evidence if presented which was not available when the
application was submitted. Further, the reiteration of facts we
have previously addressed, uncorroborated personal observations,
or additional arguments on the evidence of record are not
adequate grounds for reopening a case. Therefore, in view of
the above and in the absence of new and relevant evidence, we
find no basis to reconsider the applicants request.
2. The applicants 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 issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the additional evidence presented did
not meet the criteria for reconsideration by the Board; and 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 the applicants
request for reconsideration of AFBCMR Docket Number
BC-1982-02842 in Executive Session on 26 Jul 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-1982-02842-2 was considered:
Exhibit F. Record of Proceedings, dated 30 Aug 82,
(w/Exhibits A through E).
Exhibit G. Letter, AFBCMR, dated 23 Sep 82.
Exhibit H. Letter, Applicant, undated.
Exhibit I. Letter, AFBCMR, dated 24 Aug 83.
Exhibit J. DD Form 149, dated 20 Jul 83.
Exhibit K. Letter, AFBCMR, dated 4 Oct 83.
Exhibit L. Letter, Applicant, undated.
Exhibit M. Letter, Applicant, undated.
Exhibit N. DD Form 149, Applicant, dated 14 Jun 84.
Exhibit O. Letter, AFBCMR, undated.
Exhibit P. DD Form 149, Applicant, dated 31 Aug 11
w/atchs.
Panel Chair
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