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AF | BCMR | CY1999 | 9900582
Original file (9900582.doc) Auto-classification: Denied


                            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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