ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00655
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His AFPMQ Form 134, Retirement Order, be changed to reflect Yes
in Section 15, Disability received in the line of duty as a
direct result of armed conflict or was caused by an
Instrumentality of War and incurred in the line of duty during a
period of war.
_________________________________________________________________
STATEMENT OF FACTS
On 6 Dec 11, the applicant requested that his unfitting condition
that resulted in his medical retirement be corrected to allow a
portion of his retirement to be non-taxable. After considering
all the facts and evidence in the case, the Board denied his
request on 4 Oct 95. For an accounting of the facts and
circumstances surrounding the applicants request, and the
rationale of the earlier decision by the Board, see the Record of
Proceedings at Exhibit E.
By way of letter, dated 12 Mar 12, the applicant again requests
reconsideration of his request and submits additional supporting
documentation for reconsideration. In support of his request, he
provides a personal statement indicating that his attorney
advised him there were two ways to pursue his case. He could
pursue a 30 percent disability rating or accept a zero percent
disability and his retirement would all be tax free. This is why
his attorney notified the president of the Formal Physical
Evaluation Board that he changed his position on disability
rating to accept zero percent. He made a mistake back on Feb 69
with the misguided advice of his attorney and request the Board
grant him the requested relief.
The applicant's complete submission, with attachments, is at
Exhibit F.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. We have thoroughly reviewed the evidence of record and
considered the weight and relevance of the additional
documentation provided by the applicant, and whether or not it
was discoverable at the time of any previous application. We do
not find the statements submitted by the applicant meet the
criteria for reconsideration of his case. As the applicant has
been previously advised, reconsideration is provided only where
newly discovered relevant evidence is presented which was not
available when the application was submitted. Further, the
reiteration of facts we have previously addressed, uncorroborated
personal observations, or additional arguments on the evidence of
record are not adequate grounds for reopening a case. Therefore,
in view of the above and in the absence of new and relevant
evidence, we find no basis to reconsider the applicants request.
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 the additional evidence presented did
not meet the criteria for reconsideration by the Board; and 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 AFBCMR Docket
Number BC-2011-00655 in Executive Session on 13 Dec 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit E. Record of Proceedings,
dated 17 Jan 12, w/atchs.
Exhibit F. Applicant's Submission, dated 12 Mar 12.
Panel Chair
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