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Decision Text

AF | BCMR | CY2001 | 0003397
Original file (0003397.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NO: 00-03397
                       INDEX CODE:  100.00

                             COUNSEL:  NONE

                             HEARING DESIRED:  YES

Applicant requests that the Existed Prior to Service (EPTS)  designation  be
removed from his record.  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
for review and response (Exhibit D). The applicant’s  response  is  attached
at Exhibit E.

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  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.  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(s) 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  which  was
not available at the time the application was filed.

Members of the Board Mr. Richard A. Peterson, Mr. Roscoe  Hinton,  Jr.,  and
Mr.  Jay  H.  Jordan,  considered  this  application  on  22  May  2001,  in
accordance with the provisions of Air Force  Instruction  36-2603,  and  the
governing statute, 10, U.S.C. 1552.




                       RICHARD A. PETERSON

Exhibits:

A.  Applicant's DD Form 149, w/atchs
B.  Available Master Personnel Records
C.  Advisory Opinions
D.  AFBCMR Ltr Forwarding Advisory Opinions
E.  Applicant's Response

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