RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-01980
INDEX CODE: 110.00 108.00
COUNSEL: NONE
HEARING DESIRED: YES
Applicant requests that his bad conduct discharge (BCD) be upgraded to
honorable; his court-martial appeal be retried; his medical evaluation
be completed; and his medical benefits be reinstated. 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). Applicant'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. 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 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 reasonably available at the time the application was
filed.
Members of the Board Mr. Thomas S. Markiewicz, Mr. Jay H. Jordan, and
Ms. Brenda L. Romine considered this application on 23 Jan 02 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. SAF/MRBR 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). The advisory opinion was forwarded to the applicant for review and response (Exhibit D). Applicant’s responses to the advisory opinion 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.
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 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 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 for review and response, within 30 days (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 and counsel for review and response (Exhibit D). Accordingly, applicant's request is denied.
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). Applicant'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.
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 adequately rebutted by applicant.
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.