RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-00244
INDEX CODE: 145.00
COUNSEL: NONE
HEARING DESIRED: NO
Applicant requests that items 10C and 10D of AF Form 356, Findings and
Recommended Disposition of USAF Physical Evaluation Board (PEB), in
his disability records be corrected to reflect that his “disability
was the direct result of armed conflict or was caused by an
instrumentality of war and incurred in line of duty during a period of
war” and “disability was the direct result of a combat related injury”
be changed to “yes”. Applicant's submission is at Exhibit A.
The appropriate Air Force offices evaluated applicant's requests 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). 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 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 Mr. Thomas S. Markiewicz, Mr. Edward C. Koenig,
and Mr. Gregory W. Den Herder considered this application on 30
November 1999, in accordance with the provisions of Air Force
Instruction 36-2603, and the governing statute, 10, U.S.C. 1552.
THOMAS S. MARKIEWICZ
Panel Chair
Exhibits:
A. Applicant's DD Form 149
B. Available Master Personnel Records
C. Advisory Opinion(s)
D. AFBCMR Ltr Forwarding Advisory Opinion(s)
The appropriate Air Force offices evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). The advisory opinions were forwarded to the applicant for review and response (Exhibit D). Members of the Board Mr. Thomas S. Markiewicz, Ms. Mary C. Johnson, and Mr. Thomas J. Topolski Jr. considered this application on 9 May 2001, in accordance with the provisions of Air Force Instruction 36-2603 and the governing statute, 10 U.S.C.
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, within 30 days (Exhibit D). 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.
As noted by the Air Staff, in their advisory opinion of 22 Jun 99 (Exhibit C), applicant’s request for the DFC for service during Operation Desert Storm had already been considered by Headquarters ACC (as reflected by the letter from AFPC/DPPP, dated 27 Oct 97), on two occasions and denied both times. The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). Applicant's response to the...
The appropriate Air Force offices evaluated applicant's request and provided an 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 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 offices evaluated applicant's request and provided an 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 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 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). 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 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 and counsel for review and response (Exhibit D). Counsel’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 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.