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AF | BCMR | CY2002 | 0101980
Original file (0101980.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-01980
            INDEX CODE:  110.00  108.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES

Applicant requests that his bad conduct discharge (BCD) be upgraded to
honorable; his court-martial appeal be retried; his medical evaluation
be completed; and his medical  benefits  be  reinstated.   Applicant's
submission 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 for review and response (Exhibit D).   Applicant's  response
to the advisory opinions 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 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 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   issues   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. Thomas S. Markiewicz, Mr. Jay H. Jordan,  and
Ms. Brenda L. Romine considered this  application  on  23  Jan  02  in
accordance with the provisions of Air Force  Instruction  36-2603  and
the governing statute, 10 U.S.C. 1552.




                                    THOMAS S. MARKIEWICZ
                                    Vice Chair

Exhibits:

A.  Applicant's DD Form 149
B.  Available Master Personnel Records
C.  Advisory Opinions
D.  SAF/MRBR Ltr Forwarding Advisory Opinions
E.  Applicant’s Response

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