RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NO: 01-01281
INDEX CODE: 100.00
COUNSEL: THE AMERICAN LEGION
HEARING DESIRED: YES
Applicant requests that he be reinstated to active duty at his home of
record for the period 31 August 1994 to 1 March 1997, and his retired pay
be adjusted accordingly. 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 (Exhibit D). The applicant’s response is at Exhibit
E.
The application was not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.
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 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 issue(s) 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. Edward H. Parker, Ms. Martha Maust, and Mr. James
W. Russell Jr., considered this application on 31 January 2002, in
accordance with the provisions of Air Force Instruction 36-2603, and the
governing statute, 10, U.S.C. 1552.
EDWARD H. PARKER
Panel Chair
Exhibits:
A. Applicant's DD Form 149, w/atchs
B. Available Master Personnel Records
C. Advisory Opinions
D. AFBCMR Ltr Forwarding Advisory Opinions
E. Applicant's Response, w/atchs
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). 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. 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...
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.
The advisory opinions were forwarded to the applicant for review and response, within 30 days (Exhibit D). The counsel’s response to the advisory opinions 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. TEDDY L. HOUSTON Panel Chair Exhibits: 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 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. JOSEPH G. DIAMOND Panel Chair Exhibits: 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 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 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 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, 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). 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.