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AF | BCMR | CY2000 | 0002039
Original file (0002039.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NO.:  00-02039
                                   INDEX CODE:  131.00


                             COUNSEL:  NONE

                             HEARING DESIRED:  NO

The applicant requests her father be posthumously promoted to the  grade  of
major.  The 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, this office has  received
no response.

After  careful  consideration  of  applicant's  request  and  the  available
evidence of record, we regret that we do not  find  sufficient  evidence  of
error or injustice to warrant corrective action.  We are  not  unmindful  or
unappreciative of her father’s service to our Nation.   We  sympathize  with
the applicant in her efforts and acknowledge that the laws in place  at  the
time governing Reserve promotions were complex and difficult to  understand.
 However, the facts and opinions stated by the Air Force office  of  primary
responsibility are based  on  the  evidence  of  record  and  applicant  has
provided  no  evidence  to  the  contrary.   Therefore,  absent   persuasive
evidence the former member 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.

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 available at the time the application was filed.

Members of the Board Mr. Patrick R. Wheeler, Mr. E.  David  Hoard,  and  Ms.
Patricia D. Vestal, considered this application on 21 Nov 00, in  accordance
with the provisions of Air  Force  Instruction  36-2603  and  the  governing
statute, 10 U.S.C. 1552.




                                  PATRICK R. WHEELER
                                                   Panel Chair

Exhibits:

A.  Applicant's DD Form 149, w/Atchs
B.  Available Master Personnel Records
C.  Advisory Opinion
D.  AFBCMR Letter Forwarding Advisory Opinion

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