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AF | BCMR | CY1999 | 9802979
Original file (9802979.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NO: 98-02979
                       INDEX CODE: 105.00  106.00
                       COUNSEL: None

                       HEARING DESIRED: Yes

Applicant requests his bad conduct discharge be upgraded to honorable.
 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.

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 the OSI Reports of Investigation 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 documentation provided with this case was sufficient to  give  the
Board a clear understanding of the  issues  involved  and  a  personal
appearance, with or without legal counsel, would not  have  materially
added to that understanding.  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. Rita A. Looney, Ms. Marcia  J.  Bachman,  and
Ms. Barbara J. White-Olson considered  this  application  on  5 August
1999 in accordance with the provisions of Air  Force  Instruction  36-
2603, and the governing statute, 10, U.S.C. 1552.




                                       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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