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AF | BCMR | CY2001 | 0101220
Original file (0101220.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS


             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-01220
            INDEX NUMBER:  137.04

       (DECEASED)      COUNSEL:  NONE

            HEARING DESIRED:  NO

Applicant requests that her deceased husband’s record be changed to
allow  her  to  receive  a  larger  portion  of  his  retired  pay.
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 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. David C. Van  Gasbeck,  Ms.  Patricia  D.
Vestal, and Mr. Joseph  A.  Roj,  considered  this  application  on
25 September 2001, in accordance with the provisions of  Air  Force
Instruction 36-2603 and the governing statute, 10 U.S.C. 1552.




      DAVID C. VAN GASBECK

      Panel Chair


Exhibits:
A.  Applicant's DD Form 149, dtd 25 Apr 2001, 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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