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AF | BCMR | CY1999 | 9702956
Original file (9702956.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  97-02956

            INDEX CODE:  126.00

            COUNSEL:

            HEARING DESIRED:  YES


Applicant requests that the Article 15 he received  on  28  Feb  97  be  set
aside; the grade of master sergeant be returned to him with  back  pay;  and
have that lost time count toward  time  in  grade  to  his  next  promotion.
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/counsel
for review and response (Exhibit D).

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 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 issue(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.

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 Ms. Martha Maust, Mr.  William  H.  Anderson,  and  Mr.
Joseph  G.  Diamond  considered  this  application  on  20  April  1999,  in
accordance with the provisions of Air Force  Instruction  36-2603,  and  the
governing statute, 10, U.S.C. 1552.




                             MARTHA MAUST
                             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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