RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-00626
INDEX NO.: 108.08
HEARING DESIRED: NO
Applicant requests that AF Form 356 (Findings and Recommended Disposition
of USAF Physical Evaluation Board), dated 22 June 1994, be corrected to
reflect that his injury was caused by an “instrumentality of war” and that
his disability rating be increased from 40 to 50 percent to coincide with
his current Department of Veterans Affairs (DVA) ratings. Applicant's
submission is at Exhibit A.
On 27 September 1999, the USAF Physical Disability Division, AFPC/DPPD,
administratively corrected the applicant’s records to reflect that his
injury was the result of an “instrumentality of war” and that his
disability was “not” the direct result of a combat related injury.
Therefore, the only issue remaining to be resolved is applicant’s request
for an increase in his disability rating.
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/counsel
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/counsel. 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. Charles E. Bennett, Mr. Gregory H. Petkoff, and
Mr. Charlie E. Williams Jr., considered this application on 27 January
2000, in accordance with the provisions of Air Force Instruction 36-2603
and the governing statute, 10 U.S.C. 1552.
CHARLES E. BENNETT
Panel Chair
Exhibits:
A. Applicant's DD Form 149
B. Available Master Personnel Records
C. Advisory Opinion
D. SAF/MIBR Ltr Forwarding Advisory Opinion
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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). Applicant’s responses to the advisory opinions are 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. Available Master Personnel Records C. Advisory Opinions D. AFBCMR Ltr Forwarding Advisory...
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