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AF | BCMR | CY1999 | 9900566
Original file (9900566.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-00566
            INDEX CODE:  110, 131

            COUNSEL:  None

            HEARING DESIRED:  Yes

Applicant requests that his  under  other  than  honorable  conditions
discharge be upgraded and that he be promoted to the grade  of  master
sergeant.  Applicant's submissions are at Exhibit A.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg, West Virginia, provided an investigative report  which  is
attached at Exhibit C.

The appropriate Air Force office evaluated  applicant's  requests  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).  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.  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. Wayne R. Gracie, Mr. Lawrence R.  Leehy,  and
Ms. Leta L. O’Connor considered this application on 26 August 1999  in
accordance with the provisions of Air Force Instruction  36-2603,  and
the governing statute, 10, U.S.C. 1552.




                                        WAYNE R. GRACIE
                                  Panel Chair
Exhibits:

A.  Applicant's DD Form 149s
B.  Microfiche
C.  FBI Report
D.  Advisory Opinion
E.  AFBCMR Ltr Forwarding Advisory Opinio

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