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AF | BCMR | CY1999 | 9803171
Original file (9803171.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-03171
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


Applicant requests that 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).  Applicant’s  response,
with attachments, is at Exhibit E.

The application was not timely filed; however, it is in  the  interest
of justice to excuse the failure to timely file.

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 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. Henry Romo, Jr., Mr. Gregory H. Petkoff,  and
Mrs. Margaret A. Zook considered this application on 29 July 1999,  in
accordance with the provisions of Air Force  Instruction  36-2603  and
the governing statute, 10 U.S.C. 1552.




                                    HENRY ROMO, JR.
                                    Panel Chair

Exhibits:

A.  Applicant's DD Form 149
B.  Available Master Personnel Records
C.  Advisory Opinion
D.  AFBCMR Ltr Forwarding Advisory Opinion
E.  Applicant’s Response, w/atchs
F.  FBI Report

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