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Decision Text

AF | BCMR | CY1999 | 9702769
Original file (9702769.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NO: 97-02769

                             COUNSEL:  NONE

                             HEARING DESIRED:  NO

Applicant requests that he be promoted to the grade  of  technical  sergeant
and refunded the fine ($60.00) he paid at his court-martial,  with  interest
since 9 July 1962.  Applicant's submission is at Exhibit A.

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.

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
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 Mr. Richard A. Peterson, Mr.  Vaughn  E.  Schlunz,  and
Mr. Walter J. Hosey, considered this application on  10  February  1999,  in
accordance with the provisions of Air Force  Instruction  36-2603,  and  the
governing statute, 10, U.S.C. 1552.




                       RICHARD A. PETERSON
                       Panel Chair

Exhibits:

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

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