RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-00217
INDEX NUMBER: 124.03
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
Applicant requests that his chronic back pain be included in the
temporary disability retired list (TDRL) evaluation, dated
18 December 2000. Applicant's submission is at Exhibit 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 for review and response, within 30 days
(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 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 applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
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. Diane Arnold,
and Mr. Lawrence R. Leehy, considered this application on 7 June
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, dtd 7 Jan 2001, w/atchs
B. Available Master Personnel Records
C. Advisory Opinions
D. SAF/MIBR and AFBCMR Ltrs Forwarding Advisory Opinions
The appropriate Air Force office evaluated applicant's request and provided an initial and a revised 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). 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 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). 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.
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.
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 applicant’s response is attached 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). 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.
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.
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 is attached 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). 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). 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 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). 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.