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AF | BCMR | CY2005 | BC-1986-02531-3
Original file (BC-1986-02531-3.doc) Auto-classification: Denied

SIXTH ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-1986-02531
            INDEX CODE:  110.03
            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE: 28 Dec 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His records be corrected to  reflect  that  he  did  not  separate  from
active duty on 25 Jun 92, but was continued on active duty in the  grade  of
captain,  and  was  promoted  to  the  grade  of  major   along   with   his
contemporaries, was tendered a Regular Air Force appointment,  and  assigned
to Charleston AFB, SC.

2.  In the alternative, he requests his  records  be  corrected  to  reflect
that he remained in the Air Force in the grade of captain,  was  tendered  a
Regular Air Force appointment, was assigned to Charleston AFB, SC,  and  was
retired in the grade of captain on 1 Jan 2002

3.  He be paid all back pay and allowances.

_________________________________________________________________

STATEMENT OF FACTS:

On 13 Sep 85, he was honorably released from active duty as  result  of  two
nonselections for promotion to the grade of captain.   He  enlisted  in  the
Regular Air Force on 10 Dec 85.  On 25  Jun  92,  he  was  found  physically
unfit for continued military service and was discharged with severance  pay.
 He was credited with 14 years, 4 months, and 25 days of active service.

On 10 Jan 02, the Board granted his request that four Officer  Effectiveness
Reports be removed from his records and directed that he be promoted to  the
grade of captain.  The Board denied that portion of his request in which  he
requested continuation on active duty beyond 25 Jun 92.  For  an  accounting
of the facts and circumstances surrounding the applicant’s request  and  the
rationale of the earlier decision by the Board, see the Fourth  Addendum  to
the Record of Proceedings at Exhibit F.

On 27 Jul 04, applicant submitted  a  request  for  reconsideration  of  his
application.   On  2  Sep  04,  the  Board  reconsidered  his  request   for
reconsideration and again denied his request.  See  the  Fifth  Addendum  to
the Record of Proceedings at Exhibit H.

On 14 Jun 05, his Congressman provided a personal  statement  to  the  Board
along with additional statements supporting his request.  The  Congressman's
complete submission, with attachments, is at Exhibit I.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  After again reviewing  this  application  and  the  additional  evidence
provided in support of the applicant's appeal, it  is  the  Board's  opinion
that favorable consideration of the requested action is not warranted.   The
contentions made in support of his appeal are duly noted;  however,  we  are
not persuaded by those assertions that errors or  improprieties  existed  in
his disability processing, he was denied rights to which  he  was  entitled,
or that he did not receive full  and  fair  consideration  under  disability
evaluation guidelines.  We do not find the assertions provided  sufficiently
persuasive to override the previous determinations that  his  separation  by
reason of physical disability was appropriate at the time it  was  initiated
and that further change to his military record is not warranted.  It is  our
opinion that since he was found unqualified for  worldwide  duty  and  unfit
for further military service by competent  medical  authority,  the  actions
initiated to effect  his  separation  from  active  duty  were  appropriate.
Therefore, we find no compelling basis upon which to favorably consider  the
requested relief.

2.  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 DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that the application will only  be
reconsidered upon the submission of newly discovered relevant  evidence  not
considered with this application.
_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 26 Jul 05, under the provisions of AFI 36-2603:

      Mr. Charles E. Bennett, Panel Chair
      Mr. Vance E. Lineberger, Member
      Mr. Frederick R. Beaman, Member

The following documentary evidence was considered:

      Exhibit H.  Fifth Addendum to Record of Proceedings,
                dated 2 Sep 04, w/with Exhibits.
      Exhibit I.  Congressional Letter, dated 14 Jun 05, w/atchs




                                   CHARLES E. BENNETT
                                   Panel Chair
endum to Record of Board Proceedings

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