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AF | BCMR | CY1999 | 9803163
Original file (9803163.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-03163
            INDEX NUMBER:  110.00

            COUNSEL:  THOMAS E. STAUFFER

            HEARING DESIRED:  NO

It appears that the applicant is requesting  that  his  DD  Form  214,
Report of Separation from Active Duty, be  corrected  to  reflect  the
authority for his placement on the Temporary Disability  Retired  List
(TDRL) and that he be issued a  retirement  certificate.   Applicant's
submission is at Exhibit A.

Effective 28 August 1975, applicant was relieved from active duty  and
his name was placed on the Temporary Disability  Retired  List  (TDRL)
effective 29 August 1975.  On 23 October 1980, his  name  was  removed
from the  TDRL  and  he  was  discharged  without  benefits.   He  was
furnished  a  DD  Form  256,  Honorable  Discharge   Certificate,   on
2 November 1980.

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/counsel 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 have not been rebutted by  applicant/counsel.   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, Messrs. Terry A. Yonkers, Clarence D. Long  III,
and Joseph A. Roj, 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 Opinion
D.  SAF/MIBR Ltr Forwarding Advisory Opinion

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