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AF | BCMR | CY2001 | 0101286
Original file (0101286.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NO:  01-01286
                             INDEX CODE:  131.09

      APPLICANT                   COUNSEL:  NONE

                                  HEARING DESIRED:  YES


Applicant requests that his records be corrected  to  reflect  he  was
advanced to the grade of major, effective 10 Feb 82,  and  to  receive
retroactive pay.  In addition,  he  requests  that  his  DD  Form  13,
Statement of Service, be corrected to reflect his Viet Nam assignment,
awards  and  subsequent  Air  Force  recruiting  assignment  prior  to
retirement.  (By amendment at Exhibit E)  The applicant requests  that
his records be corrected to reflect he was advanced to  the  grade  of
captain.  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 (Exhibit D).   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.  Therefore, in the
absence of evidence showing that the applicant served on  active  duty
in the grade higher than first lieutenant, we are  in  agreement  with
the opinion and recommendation of the Air Force (HQ  AFPC/DPPRRP)  and
adopt the rationale expressed as the basis for our decision  that  the
applicant has failed to sustain his burden that he has suffered either
an  error  or  an  injustice.   Further,  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 Mr. Frederick R. Beaman III, Mr. E. David  Hoard,
and Mr. Roscoe Hinton Jr. considered this  application  on  29  August
2001 in accordance with the provisions of Air  Force  Instruction  36-
2603, and the governing statute, 10, U.S.C. 1552.


                                                   FREDERICK R. BEAMAN
III

                                             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.  Applicant’s Response

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