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AF | BCMR | CY1999 | 9801951
Original file (9801951.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-01951
            INDEX CODE:  110.00


            COUNSEL:  NONE


            HEARING DESIRED:  NO


Applicant requests reversal and/or correction of the  demotion  from  the
rank of sergeant (E-4) to the rank of airman first class (E-3)  with  all
applicable  and  relevant  restitution  and  retroactive   reinstatement.
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 opinions was forwarded to the applicant
for review and response (Exhibit D).  Applicant response is at 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. Henry Romo, Jr., Mr.  Gregory  H.  Petkoff,  and
Mrs. Margaret A. Zook considered this application on  29  July  1999,  in
accordance with the provisions of Air Force Instruction 36-2603  and  the
governing statute, 10 U.S.C. 1552.




                                    HENRY ROMO, JR.
                                    Panel Chair

Exhibits:

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

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