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 applicant’s 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 applicant’s 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