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AF | BCMR | CY1998 | 9703737
Original file (9703737.pdf) Auto-classification: Denied
- 

IN THE MATTER OF: 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

DOCKET NO: 97- 03737 
COUNSEL:  NONE 

HEARING DESIRED:  NO 

Applicant  requests  that  his  removal  from  flying  status  be 
declared void.  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 has provided a response  (Exhibit E). 
The  application  was  not  timely  filed;  however,  it  is  in  the 
interest of justice to excuse the failure to timely file. 

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.  The facts and 
opinions stated in the advisory opinion appear to be based on the 
evidence  of  record  and  have  not  been  adequately  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 Mr.  Robert  D. Stuart, Mr.  Henry Romo Jr. , 
and  Mr.  Richard  A;  Peterson,  considered  this  application  on 
15 October 1998, in accordance with the provisions of Air Force 
Instruction 36 - 2603,  and the governing statute, 10, U.S.C. 1552. 

ROBERT D. STUART 
Panel Chair 

Exhibits : 
A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinion 
D. 
E.  Applicant's Response 

AFBCMR Ltr Forwarding Advisory Opinion 



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