RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-01050
INDEX CODE: 110.02
XXXXXXX COUNSEL: DAV
XXXXXXX HEARING DESIRED: NO
Applicant requests his disability discharge be changed to a medical
retirement. Applicant's submission is at Exhibit A.
The appropriate Air Force offices evaluated applicant's request and
provided advisory opinions to the Board recommending the application be
denied (Exhibit C). The advisory opinions were forwarded to the
applicant's counsel and the applicant for review and response (Exhibit D).
As of this date, no response has been received by this office.
After careful consideration of applicant's request and the available
evidence of record, we find insufficient evidence of error or injustice to
warrant corrective action. The Air Force is required to rate disabilities
in accordance with the VA Schedule for Rating Disabilities. However, the
VA operates under a totally separate system with a different statutory
basis. In this respect, we note that the VA rates for any and all service
connected conditions, to the degree they interfere with future
employability, without consideration of fitness. Whereas the Air Force
rates a member’s disability at the time of separation. The facts and
opinions stated in the advisory opinion appear to be based on the evidence
of record and have not been rebutted by applicant. Absent persuasive
evidence applicant was denied rights to which entitled, appropriate
regulations were not followed, or appropriate standards were not applied,
we find no basis to disturb the existing record.
Accordingly, applicant's request is denied.
The Board staff is directed to inform applicant of this decision.
Applicant should also be informed that this decision is final and will only
be reconsidered upon the presentation of new relevant evidence which was
not reasonably available at the time the application was filed.
Members of the Board XXXXXXXX considered this application on 12 January
1999 in accordance with the provisions of Air Force Instruction 36-2603,
and the governing statute, 10, U.S.C. 1552.
Panel Chair
Exhibits:
A. Applicant's DD Form 149
B. Available Master Personnel Records
C. Advisory Opinion
D. AFBCMR Ltr Forwarding Advisory Opinion
The appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit C). The advisory opinions were forwarded to the applicant for review and response (Exhibit D). Applicant's response to the advisory opinions is at Exhibit E. After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action.
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). The advisory opinion was forwarded to the applicant for review and response (Exhibit D). Applicant should also be informed that this decision is final and will only be reconsidered upon the presentation of new relevant evidence which was not reasonably available at the time the application was filed.
The appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit C). The advisory opinions were forwarded to the applicant’s counsel and the applicant for review and response (Exhibit D). Applicant’s response to the advisory opinions is at Exhibit E. After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant...
AF | BCMR | CY2004 | BC-1998-02476a
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 at Exhibit L. The applicant was evaluated through the DES, with the Secretary of the Air Force Personnel Council ultimately concurring with the recommendations of the Formal and Informal Physical Evaluation Boards that he be awarded a disability rating of 20%, based on his left heel injury, and he be discharged with severance pay...
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). The advisory opinion was forwarded to the applicant’s counsel and the applicant for review and response (Exhibit D). The facts and opinions stated in the advisory opinion appear to be based on the evidence of record and have not been rebutted by applicant.
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-02221 XXXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO Applicant requests his date of rank to the grade of staff sergeant be corrected from 25 September 1996 to 26 May 1996. The appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit C). The advisory opinions were forwarded to the...
The appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit C). The advisory opinions were forwarded to the applicant for review and response (Exhibit D). The facts and opinions stated in the advisory opinion appear to be based on the evidence of record and have not been rebutted by applicant.
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). The advisory opinion was forwarded to the applicant for review and response (Exhibit D). Applicant’s response to the advisory opinion is at Exhibit E. After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action.
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). The advisory opinion was forwarded to the applicant for review and response (Exhibit D). Applicant should also be informed that this decision is final and will only be reconsidered upon the presentation of new relevant evidence which was not reasonably available at the time the application was filed.
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). The advisory opinion was forwarded to the applicant for review and response (Exhibit D). Therefore, the request for a hearing is not favorably considered.