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AF | BCMR | CY1999 | 9802452
Original file (9802452.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02452
            INDEX CODE: 110.02

            COUNSEL:  Veterans Affairs

            HEARING DESIRED: NO


Applicant requests his undesirable discharge be changed  to  general  (under
honorable conditions) or honorable and the reason for discharge  be  changed
to convenience of the service.  Applicant's submission is at Exhibit A.

The Air Force Discharge Review Board (AFDRB) denied applicant's  request  on
9 March 1950 (Exhibit  B).   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).  As  of
this date, no response has been received by  this  office.   On  22  January
1999, the AFBCMR requested the applicant provide post-service  documentation
and his submission is at Exhibit E.

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  AFDRB
brief and advisory opinion appear to be based on the evidence of record  and
have not been adequately rebutted by applicant.  The  only  other  basis  to
warrant an upgrade of his discharge would be on  clemency.   However,  after
reviewing his overall service record and  the  documentation  pertaining  to
his post-service conduct, we do not believe an upgrade  is  justified  based
on clemency.  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. Terry A. Yonkers, Mr. Clarence D.  Long,  III,  and
Ms. Rita J. Maldonado  considered  this  application  on  9 March  1999,  on
accordance with the provisions of Air Force  Instruction  36-2603,  and  the
governing statute, 10, U.S.C. 1552.




                             TERRY A. YONKERS
                             Panel Chair

Exhibits:

A.  Applicant's DD Form 149
B.  AFDRB Brief
C.  Advisory Opinion
D.  AFBCMR Ltr Forwarding Advisory Opinion
E.  Counsel’s Response
F.  FBI Report

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