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AF | BCMR | CY2002 | 0101981
Original file (0101981.doc) Auto-classification: Denied


                     RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NO: 01-01981
                             INDEX CODE 126.04 131.09
                             COUNSEL: DAV

                             HEARING DESIRED: Yes

Applicant requests that the Article 15 punishment imposed  on  him  on
26 Nov 58 be set  aside  and  his  rank  of  airman  second  class  be
restored.

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).  The  applicant’s
response 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 documentation provided with this case was sufficient to  give  the
Board a clear understanding of the  issues  involved  and  a  personal
appearance, with or without legal counsel, would not  have  materially
added to that understanding.  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. Frederick  R.  Beaman  III,  Mr.  Christopher
Carey,  and  Mr.  John  E.  Pettit  considered  this  application   on
1 November 2001  in  accordance  with  the  provisions  of  Air  Force
Instruction 36-2603, and the governing statute, 10, U.S.C. 1552.



                             FREDERICK R. BEAMAN III
                             Panel Chair

Exhibits:

A.  Applicant's DD Form 149

B.  Available Master Personnel Records
C.  Advisory Opinion
D.  SAF/MRBR Ltr Forwarding Advisory Opinion
E.  Applicant’s Response

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