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Decision Text

AF | BCMR | CY1999 | 9901021
Original file (9901021.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-01021
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

Applicant requests that  his  undesirable  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).  As of  this  date,  no
response has been received by this office.

The Air  Force  Discharge  Review  Board  (AFDRB)  denied  applicant's
request for a change in reason for discharge on  December 1964 and  an
upgrade of his discharge to honorable on    February 1980.

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. Terry A. Yonkers,  Mr.  Frederick  R.  Beaman
III, and Mr. Lawrence R.  Leehy  considered  this  application  on  28
October  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.  AFBCMR Ltr Forwarding Advisory Opinion

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