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AF | BCMR | CY2002 | 0101940
Original file (0101940.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NO.:  01-01940
                       INDEX CODE:  110.02
                       COUNSEL:  NO

                       HEARING DESIRED:  YES


The  applicant  requests  his  under  other  than  honorable   conditions
discharge be upgraded to honorable.  The  applicant's  submission  is  at
Exhibit A.

On 14 December 1979, the Air Force Discharge Review Board (AFDRB)  denied
the applicant’s requests for upgrade of his discharge (Exhibit B).

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.   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 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 available at the time the application was filed.

Members of the Board Mr. John L. Robuck, Ms. Marcia J.  Bachman  and  Mr.
Clarence D. Long, III., considered this application on 3 October 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
B.  Available Master Personnel Records
C.  Advisory Opinion
D.  AFBCMR Ltr Forwarding Advisory Opinion
E.  Applicant's Response

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