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Decision Text

AF | BCMR | CY2001 | 0100311
Original file (0100311.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-00311
            INDEX CODE:  110.00

            COUNSEL: CECIL D. ST. PIERRE JR.

            HEARING DESIRED:  YES

Applicant requests that his general (under honorable  conditions)  discharge
be upgraded  to  an  honorable  discharge.   Applicant's  submission  is  at
Exhibit A.

On 27 October 1999, the Air Force  Discharge  Review  Board  (AFDRB)  denied
applicant's request for an upgrade of his discharge to honorable and  change
of reason for discharge.

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 counsel  for  review
and response (Exhibit D).  As of this date, no response  has  been  received
by this office.

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(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 reasonably available at the time the application was filed.

Members of the Board Ms. Charlene M. Bradley,  Ms.  Martha  Maust,  and  Mr.
Laurence M. Groner considered this application on 30 May 2001 in  accordance
with the provisions of Air Force  Instruction  36-2603,  and  the  governing
statute, 10, U.S.C. 1552.



                                     CHARLENE M. BRADLEY
                                     Panel 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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