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Decision Text

AF | BCMR | CY1999 | 9900220
Original file (9900220.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-00220
            INDEX NUMBER:  A68.00, 110.02,
                               A92.31

            COUNSEL:  NONE

            HEARING DESIRED:  YES

Applicant requests that his 10 September 1956  dishonorable  discharge
be upgraded.  Applicant's submission is at Exhibit A.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg, West Virginia, 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 for review and response (Exhibit E).   Applicant's  response
to the advisory opinion is at Exhibit F.

On 9 July 1999, the applicant was offered an  opportunity  to  provide
additional information concerning his  activities  since  leaving  the
service (Exhibit G).  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 adequately 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   issues   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. Richard A. Peterson, Ms. Patricia D. Vestal,
and Mr. Patrick R. Wheeler, considered this application  on  24 August
1999, in accordance with the provisions of Air Force  Instruction  36-
2603 and the governing statute, 10 U.S.C. 1552.




                                    RICHARD A. PETERSON
                                    Panel Chair

Exhibits:
A.  Applicant's DD Form 149
B.  Available Master Personnel Records
C.  FBI Identification Record
D.  Advisory Opinions
E.  SAF/MIBR Ltr Forwarding Advisory Opinion
F.  Applicant's Response
G.  AFBCMR Ltr dtd 9 Jul 99

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