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AF | BCMR | CY1998 | 9702281
Original file (9702281.pdf) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR  FORCE  BOARD FOR  CORRECTION OF MILITARY RECORDS  JUL 0 6  t9$, 

IN THE PATTER OF: 

DOCKET NO: 37-02281 
COUNSEL: None 
HEARING DESIRED: Yes 

Applicant  requests  that  his  1995  under-other-than-honorable- 
conditions  (UOTHC)  discharge  from  the  Air  National  Guard/Air 
Force Reserve be  upgraded to honorable.  Applicant's submission 
is at Exhibit A. 

The  appropriate  Air  Force office evaluated applicant's request 
and  provided  an  advisory opinion to  the  Board  recommending the 
application  be  denied  (Exhibit C) 
The  advisory  opinion  was 
forwarded to the  applicant  for review and response  (Exhibit D) 
Applicant's response to the advisory opinion is at Zxhibit E. 

a 

After  careful  consideration  of  applicant's  request  and  the 
available evidence of record, including the investigative report, 
we  find  insufficient evidence  of  error  or  injustice to  warrant 
corrective action.  The facts and opinions stated 117 the advisory 
opinion appear to be based on the evidence of record and have not 
been  sufficiently  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 documentation provided with this case was sufficient to give 
the  Board  a  clear  understanding  of  the  issues  involved  and  a 
personal  appearance, with  or  without  legal  counsel, would  not 
have  materially  added  to  that  7Jnderstanding.  Therefore,  the 
request f o r   a hearins 1s not favorably considered. 
The Board staff is directed to inform applicant of t h i s   decision. 
Applicant should also be  informed that this decisioii is final and 
will  only be  reconsidered upon  the presentation 05  n e w   relevant 
evidence  which  was  not  reasonably  available  at  zhe  time  the 
application was filed. 

Members  of  the  Board  Mr.  LeRoy  7 .   Baseman,  M r .   G r e g r o y   H. 
Petkof f ,  and Mr. Patyiclic  H. Wheeler  consldered t h i  s  appixatlon 
on  2  Jxly  1998  in  accordance  with  the  provisions  of A i r   Force 
Instruction 35-2603, z r ~ d  the governing stptute,,) 10, U. S .  C .  1552. 

-

I

 

Panel Chaix- 



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