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Decision Text

AF | BCMR | CY2000 | BC-2000-02231
Original file (BC-2000-02231.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NO: 00-02231
                       INDEX CODE:  100.00

                             COUNSEL:  NONE

                             HEARING DESIRED:  NO

Applicant  requests  that  his  former  grade  of  technical   sergeant   be
reinstated.  Applicant's submission is at Exhibit A.

Applicant's military personnel records  were  destroyed  by  fire  in  1973.
Therefore, the facts surrounding  his  demotion  cannot  be  verified.   The
appropriate  Air Force office evaluated applicant's request and provided  an
advisory opinion  to  the  Board  recommending  the  application  be  denied
(Exhibit B).  The advisory opinion  was   forwarded  to  the  applicant  for
review and response (Exhibit C). As of  this  date,  no  response  has  been
received by this office.

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, we note that  there  are
no  records  available  for  review   and   applicant   has   not   provided
documentation revealing the circumstances of his  demotion.   Therefore,  we
have no records upon which to determine whether or not applicant’s  demotion
was appropriate.  However, based on the presumption  of  regularity  in  the
conduct of governmental affairs and without evidence  to  the  contrary,  we
must assume that the applicant’s demotion was proper and in compliance  with
appropriate  directives.   Therefore,  we  find  no  basis  upon  which   to
favorably consider this application.

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  Ms.  Peggy  E.  Gordon,  Ms.  Melinda  Loftin,  and
Ms. Barbara J.  White-Olson,  considered  this  application  on  16 November
2000, in accordance with the provisions of Air  Force  Instruction  36-2603,
and the governing statute, 10, U.S.C. 1552.




                       PEGGY E. GORDON
                       Panel Chair

Exhibits:

A.  Applicant's DD Form 149, w/atchs
B.  Advisory Opinion
C.  AFBCMR Ltr Forwarding Advisory Opinion

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