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AF | BCMR | CY2011 | BC-2010-01840
Original file (BC-2010-01840.doc) Auto-classification: Denied


                       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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