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AF | BCMR | CY1999 | 9901473
Original file (9901473.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-01473
            INDEX CODE:  131.00

            COUNSEL:  ROBERT H. CURTIN

            HEARING DESIRED:  YES


Applicant  requests  that  he  be  promoted  to  the   grade   of   colonel.
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
counsel for review and response (Exhibit D).  Applicant’s  response  to  the
advisory opinion 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. Thomas S. Markiewicz, Mr.  Edward  C.  Koenig,  and
Mr. Gregory W. Den Herder considered this application on  30  November  1999
in accordance with the provisions of Air Force Instruction 36-2603, and  the
governing statute, 10, U.S.C. 1552.




                                  THOMAS            S.            MARKIEWICZ

                                Panel Chair

Exhibits:

A.  Applicant's DD Form 149, w/atchs
B.  Available Master Personnel Records
C.  Advisory Opinion
D.  AFBCMR Ltr Forwarding Advisory Opinion
E.  Applicant’s Response, w/atchs

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