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AF | BCMR | CY2000 | 9900921
Original file (9900921.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-00921
            INDEX CODE: 131.09

      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED: No

Applicant requests that his retirement orders be revised to read retired  in
the grade of major  as  authorized  by  court  of  claims  decision  499-53.
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).   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  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. E. David Hoard,  and  Mr.
Lawrence  R.  Leehy  considered  this  application  on  2 February  2000  in
accordance with the provisions of Air Force  Instruction  36-2603,  and  the
governing statute, 10, U.S.C. 1552.



      Mr. Thomas S. Markiewicz

      Panel Chair

Exhibits:

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

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