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Decision Text

AF | BCMR | CY2001 | 0101522
Original file (0101522.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NO:  01-01522
                             INDEX CODE:  110.00

                                  COUNSEL:  DAV

                                  HEARING DESIRED:  NO


Applicant requests that  his  honorable  discharge  be  changed  to  a
medical disability retirement.  The applicant's  complete  submission,
with attachments, 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 and  his  counsel  for  review  and  response  (Exhibit  D).
Applicant’s response to the advisory opinion is 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 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. Benedict A. Kausal IV, Mr. John B. Hennessey,
and Mr. Thomas J.  Topolski  Jr.  considered  this  application  on  5
December  2001  in  accordance  with  the  provisions  of  Air   Force
Instruction 36-2603, and the governing statute, 10, U.S.C. 1552.



                                                   BENEDICT A.  KAUSAL
IV
                                             Panel Chair

Exhibits:

A.  Applicant's DD Form 149, with attachments
B.  Available Master Personnel Records
C.  Advisory Opinions
D.  SAF/MRBR Ltr Forwarding Advisory Opinions

E.  Applicant’s Response

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