RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  99-00582
		INDEX CODE:  108

		COUNSEL:  None

		HEARING DESIRED:  No

Applicant requests that his disability discharge in Feb 99 be set aside and that he be granted a permanent disability retirement with over 30% disability rating.  Applicant's submission is at Exhibit A.

We note that an administrative oversight during the processing of applicant’s AF Form 356 (Findings and Recommended Disposition of USAF Physical Evaluation Board), dated 25 Nov 98, was corrected to reflect the correct choices in Items 10C and 10D and changed to “Yes” rather than “No” which confirms the applicant was injured during the Khobar Towers bombing in Saudi Arabia during Jun 96.  His records now reflect that his disability was the direct result of armed conflict or caused by an instrumentality of war and incurred in the line of duty during a period of war and that the disability was the direct result of a combat related injury.  Therefore, the only issue before this Board is applicant’s request that his disability discharge in Feb 99 be set aside and that he be granted a permanent disability retirement with over 30% disability rating.

The appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit C).  The advisory opinions were forwarded to the applicant for review and response (Exhibit D).  As of this date, no response has been received by this office.

After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action regarding applicant’s request that his disability discharge in Feb 99 be set aside and that he be granted a permanent disability retirement with over 30% disability rating.  The facts and opinions stated in the advisory opinions appear to be based on the evidence of record and have not been rebutted by applicant.  Absent persuasive evidence applicant was denied rights to which entitled, appropriate regulations were not followed, or appropriate standards were not applied, we find no basis to disturb the existing record.

Accordingly, applicant's request is denied.

The Board staff is directed to inform applicant of this decision.  Applicant should also be informed that this decision is final and will only be reconsidered upon the presentation of new relevant evidence which was not reasonably available at the time the application was filed.

Members of the Board considered this application on 17 August 1999 in accordance with the provisions of Air Force Instruction 36‑2603, and the governing statute, 10, U.S.C. 1552.

                              		
                           		
Exhibits:

A.  Applicant's DD Form 149
B.  Available Master Personnel Records
C.  Advisory Opinions
D.  AFBCMR Ltr Forwarding Advisory Opinions