RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01840
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Based on the attachment to his application, dated 29 Apr 10, it appears he
is requesting that his records be corrected to reflect he was disability
retired with a 100 percent compensable rating.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His disability should be considered service connected.
In support of the appeal, the applicant provides copies of two personal
statements, and a statement from his physician.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained in the
letter prepared by the appropriate office of the Air Force. Accordingly,
there is no need to recite these facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Advisor recommends denial. He indicates the applicant has
not met the burden of proof of an error on injustice that warrants the
desired change of the record.
A complete copy of the BCMR Medical Consultant’s evaluation is at Exhibit
C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 7 Dec 10
for review and comment, within 30 days. As of this date, no response has
been received by this office (Exhibit D).
_________________________________________________________________
FINDINGS AND CONCLUSIONS OF THE BOARD:
1. We have carefully reviewed the applicant’s submission and the evidence
of record and do not fine a sufficient basis to excuse the untimely filing
of this application. The applicant did not file within three years after
the alleged error or injustice was discovered as required by Title 10,
United States Code, Section 1552 and Air Force Instruction 36-2603, Air
Force Board for Correction of Military Records. The applicant has not
shown a plausible reason for the delay in filing, and we are not persuaded
the record raises issues of error or injustice which require resolution on
the merits. Thus, we cannot conclude it would be in the interest of
justice to excuse the applicant’s failure to file in a timely manner.
4. 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.
_________________________________________________________________
DECISION OF THE BOARD:
The application was not timely filed and it would not be in the interest of
justice to waive the untimeliness. It is the decision of the Board,
therefore, to reject the application as untimely.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2010-01840
in Executive Session on 1 Mar 11, under the provisions of AFI 36-2603:
Mr. -------------, Panel Chair
Ms. -------------, Member
Mr. -------------, Member
The following documentary evidence was considered under Docket Number BC-
2010-01840:
Exhibit A. DD Form 149, dated 1 May 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, Medical Consultant, dated 3 Dec 10.
Exhibit D. Letter, SAF/MRBR, dated 7 Dec 10.
---------------
Panel Chair
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