RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NO: 99-01004
INDEX CODE: 122.01
COUNSEL: DISABLED AMERICAN
VETERANS (DVA)
HEARING DESIRED: NO
Applicant requests that the Line of Duty determination be changed from
“Not in Line of Duty - Due to Own Misconduct” to “In Line of Duty.”.
Applicant's submission is at Exhibit A.
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 and counsel for review and response (Exhibit D). Applicant
and 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 facts and opinions stated
in the advisory opinion appear to be based on the evidence of record
and have not been adequately rebutted by applicant and 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. Richard A. Peterson, Mr. Gregory W.
DenHerder, and Ms. Patricia D. Vestal considered this application on
18 January 2000 in accordance with the provisions of Air Force
Instruction 36-2603, and the governing statute, 10, U.S.C. 1552.
RICHARD A. PETERSON
Panel Chair
Exhibits:
A. Applicant's DD Form 149
B. Available Master Personnel Records
C. Advisory Opinion
D. SAF/MIBR Ltr Forwarding Advisory Opinion
E. Applicant’s and Counsel’s Response
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). 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). A response from the applicant’s wife 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). 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 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. RICHARD A. PETERSON Panel Chair Exhibits: 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 and counsel for review and response (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.
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 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 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 and his counsel for review and response (Exhibit D). Accordingly, applicant's request is denied.
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 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/counsel 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/counsel.