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AF | BCMR | CY1999 | 9901225
Original file (9901225.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-01225
            INDEX CODE:  110.00

            COUNSEL:  AMERICAN LEGION

            HEARING DESIRED:  UNMARKED

Applicant  requests  that  his  discharge  be  upgraded.   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 and  his  counsel  for  review  and  response  (Exhibit  D).
Counsel’s response 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 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  issue(s)   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. Terry A. Yonkers,  Ms.  Barbara  J.    White-
Olson, 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
E.  Counsel’s Response

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