RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NO.: 00-02671
INDEX CODE: 108.00
COUNSEL: DAV
HEARING DESIRED: NO
The applicant requests that his records be corrected to show he was
retired because of physical disability with a compensable rating of 30%,
rather than discharged with entitlement to disability severance pay with
a compensable rating of 10%. The applicant's submission is at Exhibit A.
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). Applicant’s response 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 opinions appear to be based on the evidence of record and have
not been adequately 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 available at the time the application was filed.
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. 1552.
THOMAS S. MARKIEWICZ
Vice Chair
Exhibits:
A. Applicant's DD Form 149
B. Available Master Personnel Records
C. Advisory Opinions
D. AFBCMR Ltr Forwarding Advisory Opinions
E. Applicant’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 ) . Officials within the office of the Secretary of the Air Force reviewed the case file and directed that the applicant be discharged with severance pay and given a 20 percent compensable rating. The disability laws of Title 10, USC require the military services to rate disabilities based on their current condition, at the time...
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 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.
AF | BCMR | CY2009 | BC-2008-03916
His DVA award was 50 percent, his CRSC award was 40 percent with Special Monthly Compensation. In this respect, it appears that while the DVA increased his combined service-connected disability rating to 50 percent, the particular disability that has been determined combat-related remains rated at 40 percent. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of...
AF | BCMR | CY2004 | BC-2004-00671
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD recommends denial of applicant’s request stating, in part, that although his disability rating exceeds the required 10% rating, he does not qualify for CRSC since he did not complete 20 years of active service. However, after careful review of the available records, it appears he has been credited with all active service creditable under the governing regulation and laws in effect at the time...
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). 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.
AF | BCMR | CY2004 | BC-2004-01342
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD recommends denial of applicant’s request stating, in part, that although his disability rating exceeds the required 10% rating, he does not qualify for CRSC since he did not complete 20 years of active service. As of this date, no response has been received by this office (Exhibit E). However, after careful review of the available records, it appears he has been credited with all active...
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 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 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.