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AF | BCMR | CY2001 | 0003268
Original file (0003268.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-03268
            INDEX CODE:  124.04

            COUNSEL:  THE AMERICAN LEGION

            HEARING DESIRED:  NO


Applicant requests that the existed prior to  service  (EPTS)  statement  be
removed from  his  medical  and  military  personnel  records.   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  and
counsel for review and response (Exhibit  D).   Counsel’s  response  to  the
advisory opinion 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
adequately rebutted by 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 reasonably available at the time the application was filed.

Members of the Board Ms. Peggy E. Gordon,  Mr.  Philip  Sheuerman,  and  Mr.
Michael  V.  Barbino  considered  this  application  on  10 April  2001   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
B.  Available Master Personnel Records
C.  Advisory Opinion
D.  SAF/MIBR Ltr Forwarding Advisory Opinion
E.  Counsel’s Response

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