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Decision Text

AF | BCMR | CY2001 | 0102414
Original file (0102414.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NO: 01-02414
                       INDEX CODE:  100.00

                             COUNSEL:  NONE

                             HEARING DESIRED:  NO

Applicant requests that his  records  be  corrected  to  show  that  he  was
discharged  in  the  grade  of  staff  sergeant,   rather   than   corporal.
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). As of this date, no response  has  been
received by this office.

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
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  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 Messrs. John L. Robuck, Laurence M. Groner, and  Philip
Sheuerman, considered this application on  6 December  2001,  in  accordance
with the provisions of Air Force  Instruction  36-2603,  and  the  governing
statute, 10, U.S.C. 1552.




                       JOHN L. ROBUCK
                       Panel Chair

Exhibits:

A.  Applicant's DD Form 149, w/atchs
B.  Available Master Personnel Records
C.  Advisory Opinion, w/atchs
D.  AFBCMR Ltr Forwarding Advisory Opinion

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