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AF | BCMR | CY2001 | 0101114
Original file (0101114.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-01114
            INDEX NUMBER:  134.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO

Applicant requests all derogatory information in his Air Force records
be removed.  Applicant's submission is at Exhibit A.

On 13 December 2000, the AFBCMR considered  applicant’s  request  that
his entry-level separation be upgraded to honorable,  the  reason  for
separation be changed to “Convenience  of  the  Government,”  and  his
reenlistment eligibility (RE) code be changed to an RE Code  1.  After
consideration of the available evidence, the Board found the discharge
was proper and in compliance with the governing regulation.   However,
the Board determined there may have been mitigating circumstances that
affected the applicant’s performance  while  in  basic  training  and,
therefore, recommended that the narrative  reason  for  separation  be
changed to “Secretarial Authority” and that his RE Code be changed  to
“3K.”  A copy of the Record of Proceedings is appended to  applicant’s
request 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, within 30 days  (Exhibit  D).   The
applicant’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 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 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.  Steven  A.  Shaw,
and Ms. Barbara J. White-Olson, considered this application on 19 July
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 Opinion
D.  SAF/MIBR Ltr Forwarding Advisory Opinion
E.  Applicant's Response

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