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AF | BCMR | CY2000 | 9901335
Original file (9901335.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NO: 99-01335
                             INDEX CODE:  136.00
      XXXXXX                      COUNSEL: American Legion

      XXXXXX                      HEARING DESIRED: Yes

Applicant requests that his 1997 discharge (after 13 years,  6  months
and 27 days of active service) for weight control failure  be  changed
to a length  of  service  retirement.  Applicant's  submission  is  at
Exhibit A.

The appropriate Air Force offices evaluated  applicant's  request  and
provided advisory opinions to the Board recommending  the  application
be denied (Exhibit C).  The advisory opinions were  forwarded  to  the
applicant and counsel for review and response (Exhibit  D).  Counsel’s
response to the advisory opinions is at Exhibit E.

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 sufficiently rebutted by counsel or  the  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 documentation provided with this case was sufficient to  give  the
Board a clear understanding of the  issues  involved  and  a  personal
appearance, with or without legal counsel, would not  have  materially
added to that understanding.  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 Ms. Patricia J. Zarodkiewicz, Mr. Jay Jordan, and
Mr. Roger Willmeth considered this application  on  14 March  2000  in
accordance with the provisions of Air Force Instruction  36-2603,  and
the governing statute, 10, U.S.C. 1552.


                                       Panel Chair
Exhibits:

A.  Applicant's DD Form 149

B.  Available Master Personnel Records
C.  Advisory Opinions
D.  AFBCMR Ltrs Forwarding Advisory Opinions
E.  Counsel's Response

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