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AF | BCMR | CY1999 | 9802751
Original file (9802751.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NO: 98-02751
                                  INDEX CODE: 134.02, 107.00, 105.00

                                  COUNSEL:  NONE

                                  HEARING DESIRED:  NO



Applicant requests that two special court-martial  convictions  he  received
in 1944 and 1945 be expunged from his records; that he be reinstated to  the
grade of  corporal;  and,  that  he  be  awarded  the  Good  Conduct  Medal.
Applicant's submission is at Exhibit A.

Applicant's military personnel records  were  destroyed  by  fire  in  1973.
Therefore, the facts surrounding his separation from the  Air  Force  cannot
be verified.

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).  Applicant’s response to  the  advisory
opinions is at Exhibit E.

After  careful  consideration  of  applicant's  request  and   the   limited
available evidence of record, we find  insufficient  evidence  of  error  or
injustice  to  warrant  corrective  action.   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.  Joseph  A.  Roj,  and
Mr. Clarence D. Long III  considered  this  application  on  4 May  1999  in
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.  Available Master Personnel Records
C.  Advisory Opinions
D.  SAF/MIBR Ltr Forwarding Advisory Opinions
E.  Applicant’s Response

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