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AF | BCMR | CY1999 | 9802928
Original file (9802928.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-02928
            INDEX CODE: 121.03

            COUNSEL:  None

            HEARING DESIRED: Yes


Applicant requests thirteen (13) days of leave be restored  to  his  current
leave balance.  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  for
review and response (Exhibit D). As of  this  date,  no  response  has  been
received by this office.

On 4 February 1999, the Board deferred making a decision  pending  obtaining
a copy of the applicant’s Defense Finance and  Accounting  Service  Military
Leave and Earnings Statement  for  the  period  1-31  August  1998.   On  11
February 1999, a letter was forwarded to the applicant requesting the  Leave
and Earnings Statement.  As of this date, no response has been  received  by
this office.  (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  advisory
opinion 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 Mr. Douglas J. Heady, Mr.  Gregory  W.  DenHerder,  and
Mr. James R. Lonon considered this application on  4 February  1999  and  11
June 1999, in accordance with the provisions of Air  Force  Instruction  36-
2603, and the governing statute, 10, U.S.C. 1552.




                                     DOUGLAS J. HEADY
                                     Panel Chair

Exhibits:

A.  Applicant's DD Form 149
B.  Available Master Personnel Records
C.  Advisory Opinion
D.  AFBCMR Ltr Forwarding Advisory Opinion
E.  Letter, AFBCMR, dated 11 Feb 99.

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