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AF | BCMR | CY2001 | 0003252
Original file (0003252.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NO: 00-03252
                       INDEX CODE:  100.00

                             COUNSEL:  AMERICAN LEGION

                             HEARING DESIRED:  NO

Applicant requests that his discharge be changed to  a  medical  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  is
attached 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
opinions appear to be based on the evidence of  record  and  have  not  been
adequately rebutted by  applicant’s  counsel.   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. Thomas S.  Markiewicz,  Mr.  Mike  Novel,  and  Mr.
Billy  C.  Baxter,  considered  this  application  on  24  April  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, w/atchs
B.  Available Master Personnel Records
C.  Advisory Opinions
D.  AFBCMR Ltrs Forwarding Advisory Opinions
E.  Counsel's Response, w/atchs

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