RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NO: 01-01281
				INDEX CODE:  100.00

	 				COUNSEL:  THE AMERICAN LEGION
	
					HEARING DESIRED:  YES

Applicant requests that he be reinstated to active duty at his home of record for the period 31 August 1994 to 1 March 1997, and his retired pay be adjusted accordingly.  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). The applicant’s response is at Exhibit E.

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

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 issue(s) 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 considered this application on 31 January 2002, in accordance with the provisions of Air Force Instruction 36-2603, and the governing statute, 10, U.S.C. 1552.

				Panel Chair

Exhibits:

A.  Applicant's DD Form 149, w/atchs
B.  Available Master Personnel Records
C.  Advisory Opinions
D.  AFBCMR Ltr Forwarding Advisory Opinions
E.  Applicant's Response, w/atchs