RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-00582
INDEX CODE: 108
COUNSEL: None
HEARING DESIRED: No
Applicant requests that his disability discharge in Feb 99 be set
aside and that he be granted a permanent disability retirement with
over 30% disability rating. Applicant's submission is at Exhibit A.
We note that an administrative oversight during the processing of
applicant’s AF Form 356 (Findings and Recommended Disposition of USAF
Physical Evaluation Board), dated 25 Nov 98, was corrected to reflect
the correct choices in Items 10C and 10D and changed to “Yes” rather
than “No” which confirms the applicant was injured during the Khobar
Towers bombing in Saudi Arabia during Jun 96. His records now reflect
that his disability was the direct result of armed conflict or caused
by an instrumentality of war and incurred in the line of duty during a
period of war and that the disability was the direct result of a
combat related injury. Therefore, the only issue before this Board is
applicant’s request that his disability discharge in Feb 99 be set
aside and that he be granted a permanent disability retirement with
over 30% disability rating.
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). 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 regarding applicant’s request
that his disability discharge in Feb 99 be set aside and that he be
granted a permanent disability retirement with over 30% disability
rating. The facts and opinions stated in the advisory opinions 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 Ms. Charlene M. Bradley, Mr. Mike Novel, and Mr.
Philip Sheuerman considered this application on 17 August 1999 in
accordance with the provisions of Air Force Instruction 36-2603, and
the governing statute, 10, U.S.C. 1552.
CHARLENE M. BRADLEY
Panel Chair
Exhibits:
A. Applicant's DD Form 149
B. Available Master Personnel Records
C. Advisory Opinions
D. AFBCMR Ltr Forwarding Advisory Opinions
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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 opinions appear to be based on the evidence of record and have not been rebutted by applicant.
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