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Decision Text

AF | BCMR | CY2001 | 0002235
Original file (0002235.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-02235
            INDEX NUMBER:  131.09

      XXXXXXXXXXXX     COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  Yes

Applicant  requests  that  his  rank  be  changed  from  major   to
lieutenant 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 for review and response (Exhibit D).  As
of this date, this office has not received a response.

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 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   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 that was not available at the  time  the  application  was
filed.

Members of the Board,  Mr.  Thomas  S.  Markiewicz,  Ms.  Peggy  E.
Gordan,  and  Mr.  Frederick  R.  Beaman,  III,   considered   this
application on 30 January 2001 in accordance with the provisions of
Air Force Instruction 36-2603 and the governing statute, 10  U.S.C.
1552.




                                    THOMAS S. MARKIEWICZ
                                    Vice Chair

Exhibits:
A.  Applicant's DD Form 149
B.  Available Master Personnel Records
C.  Advisory Opinion
D.  SAF/MIBR Ltr Forwarding Advisory Opinion


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