DOCKET NUMBER: BC-2012-00986
COUNSEL: NONE
HEARING DESIRED: NO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
His five percent compensable disability rating for hearing loss
be reinstated.
________________________________________________________________
APPLICANT CONTENDS THAT:
When he retired, his record reflected a five percent rating for
hearing loss; however, when he went to the Department of
Veterans Affairs (DVA) their records reflected a rating of
zero percent.
In support of his appeal, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, issued in conjunction with his 30 Jun 84 retirement.
The applicant’s complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 30 Jun 84, the applicant was relieved from active duty and
retired effective, 1 Jul 84. He was credited with 20 years,
6 months, and 16 days of active service for retirement.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. Based upon the
presumption of regularity in the conduct of governmental affairs
and without evidence to the contrary, we must assume the
applicant's separation was proper and in compliance with
appropriate directives. Additionally, we made several attempts
to retrieve the applicant’s service medical records; however, we
were unsuccessful. Should the applicant provide additional
evidence to substantiate his claim, we would be willing to
reconsider his appeal. Therefore, based on the available
evidence of record, we find no basis upon which to favorably
consider this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; 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-2012-00986 in Executive Session on 2 August 2012,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Sep 11, w/atch.
Panel Chair
2
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