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AF | BCMR | CY2002 | 0102729
Original file (0102729.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-02729
            INDEX CODE:100.03, 100.06
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed to a favorable code.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust  and
the evidence submitted in support of the appeal is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant's military personnel records  cannot  be  located.   SAF/MRBR  has
requested copies of his personal records from  the  applicant  in  order  to
reconstruct his military personnel records.  However, as  of  this  date  he
has not responded to their request.  Therefore, the  facts  surrounding  his
separation from the Air Force cannot be verified.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate  the
existence of probable error or injustice.  Based upon the presumption  of
regularity in the conduct of governmental affairs and without evidence to
the contrary, we must assume that the applicant's  discharge  was  proper
and in compliance with appropriate directives.  Therefore, based  on  the
available evidence of record, we find no basis upon  which  to  favorably
consider this application.


4.  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 DETERMINES THAT:

The applicant be notified that the 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  Docket  Number  01-02729  in
Executive Session on 27 Mar 02, under the provisions of AFI 36-2603:

      Mr. Terry A. Yonkers, Panel Chair
      Mr. James W. Russell III, Member
      Mrs. Barbara J. Wite-Olson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Sep 01, w/atchs.




                                             TERRY A. YONKERS
                                             Panel Chair

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