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AF | BCMR | CY1999 | 9803282
Original file (9803282.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  98-03282
                       INDEX CODE:  110

                       COUNSEL:  DAV

                       HEARING:  YES


The applicant requests that his Under Other Than Honorable  Conditions
(UOTHC) discharge be upgraded to honorable  or  general.   Applicant's
submission is at Exhibit A.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Washington, D. C., provided a copy of an investigation  report,  which
is attached at Exhibit C.

The appropriate Air Force office  evaluated  applicant's  request  and
provided an advisory opinion to the Board recommending the application
be denied (Exhibit D).  The advisory  opinion  was  forwarded  to  the
applicant and counsel for review and response (Exhibit E).   Counsel’s
response to the advisory opinion is at Exhibit F.

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 adequately rebutted by applicant or 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 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 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 Mr. David C. Van Gasbeck, Mr. Grover L. Dunn, and
Mr. John E. Pettit considered this application on
9 September 1999 in  accordance  with  the  provisions  of  Air  Force
Instruction 36-2603, and the governing statute, 10, U.S.C. 1552.




                           DAVID C. VAN GASBECK
                           Panel Chair

Exhibits:

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

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