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AF | BCMR | CY2001 | 9301958A
Original file (9301958A.doc) Auto-classification: Denied

                              THIRD ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  93-01958

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

RESUME OF CASE:

On 20 October 1998, the Board reconsidered applicant’s request  that  he  be
returned to active duty in  the  grade  of  master  sergeant,  with  service
credit for the period following his discharge up to  his  return  to  active
duty; his court-martial conviction be removed from his records;  and  he  be
given restitution of all pay and benefits he forfeited.  The Board  was  not
persuaded  that  his  medical  discharge  was  either  improper  or   unjust
(Exhibits J-W).

In  letters  to  Senators  Nickles  and  Inhofe,  the   applicant   provided
additional evidence and requests that the Board reconsider  his  application
(Exhibits X-CC).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

Insufficient  relevant  evidence  has  been  presented  to  demonstrate  the
existence of probable error or injustice.  After  thoroughly  reviewing  the
additional documentation submitted with this  request  for  reconsideration,
we are of the opinion  that  applicant  has  failed  to  provide  sufficient
evidence to warrant a change  in  his  records.   The  statements  from  the
civilian orthopedic  surgeon  and  civilian  psychiatrist  are  duly  noted;
however, they do not persuade us that at the  time  of  his  discharge,  the
diagnosis of his condition was in error or unjust.  While the applicant  may
believe he is physically fit for military service  at  this  time,  we  find
insufficient  evidence  to  substantiate  that  he  was  fit  for  continued
military service at the time of his discharge. Therefore, in the absence  of
evidence to the contrary, we find no compelling basis to recommend  granting
the requested relief.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the additional  evidence  presented  did  not
demonstrate the existence of probable material error or injustice; that  the
application  was  denied  without  a  personal  appearance;  and  that   the
application  will  only  be  reconsidered  upon  the  submission  of   newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 23 March 2001, under the provisions of AFI 36-2603:

                  Mr. David C. Van Gasbeck, Panel Chair
                  Mr. Richard A. Peterson, Member
                  Mr. Jackson A. Hauslein, Member

The following documentary evidence was considered:

      Exhibits J - W.  2nd Addendum to Record of Proceedings,
                       dated 4 Mar 99, w/atchs.
      Exhibit X.  Letter, Sens Nickles & Inhofe, w/atchs.
      Exhibit Y.  Letter, Applicant, dated 15 May 00, w/atchs.
      Exhibit Z.  Letter, Sen Nickles, dated 13 Jun 00, w/atch.
      Exhibit AA. Letter, Sen Inhofe, dated 26 Jun 00, w/atchs.
      Exhibit BB. Letter, Sen Nickles, dated 11 Jul 00, w/atchs.
      Exhibit CC. Letter, Sen Nickles, dated 30 Aug 00, w/atchs.




             DAVID C. VAN GASBECK
                                  Panel Chair

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