BCNR timeline after docket number received

I haven't been on here for a while. Here is my update/timeline:
  1. Initial Application Received: 1 Feb 2016
  2. Board Date: 24 October 2017
  3. Decision Received: November 2017
My request was amazingly denied. Even almost 9 months later, I'm still in shock. I haven't figured out if I want to even bother with an ABCMR appeal anymore. I just today contacted NVLSP about my situation, so I'll see if they get back to me. It's very disheartening.

Personally, I would not bother with an appeal, as you will get stuck in the system for another 2-3 years. Hopefully the lawyers will take your case. I am sure the federal courts will be faster and more fair. Despite my medical opinion blaming the VA and saying all my medical doctors are “mistaken”, I will not appeal and will instead pursue federal court. I expect a denial because the medical opinion is the most important info for them to make a decision. Please hurry contacting the attorney because you have limited time. The army took 7 months to send NVLSP my records.
 
Mine isnt a medical issue I am contesting...it is a GOMOR that was issued unfairly and never removed. I was hoping to know what others might think about my situation.

My docket number was AR20160002227 (http://boards.law.af.mil/ARMY/BCMR/CY2016/20160002227.txt).

Basically, I was an Active Duty Army officer (12+ years combined enlisted/officer time) given a GOMOR for suspicion of refusing a breathalyzer and DUI. I was involuntarily separated because of it (Honorable Discharge, but the draw down of personnel in 2015 called for a separation board and because I had a GOMOR in my records, I was selected for early separation).

While awaiting my civilian trial date (which took close to a year from the incident), I appealed the GOMOR through the CG who issued it, and was denied. I appealed the GOMOR through DASEB, but was denied. I went to state court (Georgia), where I was found not guilty of DUI. As far as the breathalyzer refusal, I never actually refused. I in fact, did the field sobriety test, and was asked if I was ready to take a breathalyzer. I asked if I had to take one and the police officer simply said "No", then arrested me. There is no evidence (outside of what is written on a police report) for refusing a breathalyzer UNLESS the arresting officer requests a hearing in traffic court (which if found guilty, you lose your license). In my case this never happened. I believe the officer felt I would lose in court for the DUI so never bothered with requesting a traffic hearing or suspending my license. I also applied for and was granted an expungement of the arrest basically stipulating all matters of the incident (including the police report) be removed from all agencies records and that it will not be used as a matter of record for stating I was guilty of anything. (I realize any time u see DUI people think immediate negative thoughts. In my case, this involved a couple drinks spaced out over hours, and a corrupt/egotistical police officer out for blood).

I sent a 20+ page letter detailing all of this, with a bunch of enclosures. Their response and decision was matter of factly to the point that they thought it sounded like I refused to take the breathalyzer, so I deserved the GOMOR, and subsequently deserved to be separated.

I got out as an O-3, and I'm 38 years old now. I work as a contractor for the Army now. I would ideally want to have the GOMOR removed, be backdated time-in-service/time-in-grade (not sure if possible retroactive pay is a possibility, but I'm not worried about that), and be reinstated to Active Duty to finish out my time until retirement. If not, I would at least like the GOMOR removed, so that I could apply and be accepted for Reserves/National Guard to at least get some kind of pension for the time I've already served. I cant even get a federal job because the reprimand is in my records. So despite being found innocent and having the matter expunged outside of the Army, the GOMOR still remains affecting my retirement and ability to do anything outside of federal service.

I contacted NVLSP today to see what they say, but I'm not medically disabled or hurt or anything; just unfairly being thrown to the wayside. I may contact some law firms if I can find any that normally handle cases like this in federal court.

Do you have any thoughts, opinions, or advice on any of this? I truly appreciate any insight anyone could provide. Thanks.
 
I haven't been on here for a while. Here is my update/timeline:
  1. Initial Application Received: 1 Feb 2016
  2. Board Date: 24 October 2017
  3. Decision Received: November 2017
My request was amazingly denied. Even almost 9 months later, I'm still in shock. I haven't figured out if I want to even bother with an ABCMR appeal anymore. I just today contacted NVLSP about my situation, so I'll see if they get back to me. It's very disheartening.

So sorry to hear. We just filed suit last week after waiting 3+ years for a weakly defended/poorly constructed denial of my husband’s case with the AFBCMR. Not too optimistic but, at least we’re leaving no stone unturned!
 
I haven't been on here for a while. Here is my update/timeline:
  1. Initial Application Received: 1 Feb 2016
  2. Board Date: 24 October 2017
  3. Decision Received: November 2017
My request was amazingly denied. Even almost 9 months later, I'm still in shock. I haven't figured out if I want to even bother with an ABCMR appeal anymore. I just today contacted NVLSP about my situation, so I'll see if they get back to me. It's very disheartening.
Did you get any AOs?
 
My case is 2 years and a week. I have not received ANY correspondence, advisory or otherwise.
UPDATE: In 5 days my case will be at 3 years..I received an advisory opinion in October 2018 and promptly sent my rebuttal..nothing since.
 
Did the both of you get notified that they have received your packet? Email and ask for an update.
UPDATE: On May 2, 2019 my case will be 3 years from the date they received it. I received a medical advisory opinion in October 2018 and PROMPTLY replied. Nothing since. I have sent emails and I receive the automated returns, but at least they tell me in day count how long they’ve had my case (Last email stated 1001 days)...just sitting here waiting, trying to research other case timelines to figure out what the heck is going on...
 
I found this after trying a google search and switching it to news. Definitely missed this article. I check for updates on the Boards of Reviews Reading rooms and they recently updated, the cases are missing and a few Chairman William and McCain's letter uploaded along with board statistics with certain categories. Maybe some big changes are coming.
 
I found this after trying a google search and switching it to news. Definitely missed this article. I check for updates on the Boards of Reviews Reading rooms and they recently updated, the cases are missing and a few Chairman William and McCain's letter uploaded along with board statistics with certain categories. Maybe some big changes are coming.
I noticed that the updates on the BCMR are empty.
 
I found this after trying a google search and switching it to news. Definitely missed this article. I check for updates on the Boards of Reviews Reading rooms and they recently updated, the cases are missing and a few Chairman William and McCain's letter uploaded along with board statistics with certain categories. Maybe some big changes are coming.
UPDATE: I sent off my usual ARBA inquirery email on May 1, 2019 and received this back the same day: Your case was recently considered by the Board. Once the post-board reviews are completed and the decision finalized,you will receive a copy via regular mail to the address on file with your case.

I believe you are right about big changes are coming. I read an article about Deputy Assistant Secretary of the Army (Review Boards) Ms.Francine Blackmon's speech before the Personnel Committee and the House Armed Services Committee on September 27, 2018. Very interesting:

 
I had a very complicated BCMR application. I argued for PDRL after a 10% discharge w/ severance. My case was compelling and included references to hundreds of pages of records and my argument was 141 pages and of that a good majority of it was addendums/citations/specific copies of evidence/records outside the actual argument. I took from 2011 until 2013 obtaining and organizing all of my records from the USAF and the VA. I filed my BCMR in May of 2014 approximately two weeks before the three year statute applied.

From May 2014 I did not hear a single thing from the AFBCMR other than a letter assigning a docket number. October 2015 I received an advisory opinion which I agreed with. November 2015 about two weeks before the 18 month mark my case was decided favorably. I was finally notified in December 2015.

At that point I pressed the Air Force Wounded Warrior Program at the end of January as I hadn't received or heard anything else. Nothing.

The Wounded Warrior representative was able to get me my retirement orders so I could go and get my blue military retired ID card. They also helped me obtain and updated copy of my DD Form 214.

To date I have still not heard or received a single other piece of correspondence from any other agency, unit, or department outside of it being a direct result of an engagement from the Air force Wounded Warrior program on my behalf. If it wasn't for them I really don't think the Air Force would have found me as all my addresses they had listed "in the system" were extremely old, inaccurate, and about 2,000 miles away DESPITE my accurate information on my AFBCMR application and my proactive efforts to reach out to everyone with my current contact information. The entire process is awful on its own merit and I wouldn't have gotten anywhere without the AFW2 direct involvement. Every time I called as an "outsider" and tried explaining the AFBCMR process nobody had any experience with it. I was also told such a favorable outcome in my circumstances is so rare from the AFBCMR a lot of the staff in these offices literally had no experience with it.

Bottom line up front; 17 months and 2 weeks. Just barely short of their 10% allotment of finishing all cases within 18 months.

And I had to fight like hell to get a flag, retirement certificates, and everything else despite a retirement flag award being codified in federal law. I'm glad I won my case but seriously if I had not been proactive and cared I would be sitting with my 10% severance and a discharge as I was NOT eligible for the PDBR. I also would not have gotten my retirement orders, updated discharge, etc. on my own without the AFW2 program being on the inside and holding everyone's hand to get it done. Again, I am very happy the board flipped a 10% discharge with severance into a 70% PDRL well over four years after the fact - but they really do not give one care what happens after that just like they didn't care when they botched my entire MEB the first time and repeatedly.

I hope my insight on the process helped and everything I did was from information I learned, used, and got to know on PEBForum.com.

Also to note, I did not go through this entire BS long disorganized and often arbitrary process for a dime, and I actually came out of this entire process with a pending 50k dollar recoupment waiting for me at DFAS (severance owed back) and owing for the Survivor Benefit Program. I actually lost money on the entire process in the long run as my 90% rating from the VA cancels out any retirement money from DFAS since I only had ten years of service. I did it all on principle that right is right, wrong is wrong, and my MEB/PEB results were a joke considering the VA reviewed the same exact records and determined 90% right out the gate (and they rated my unfitting condition 70% whereas the USAF rated it 10%) before I-DES came into play but after the eligibility date for the PDBR.

ANY LEGACY MEB/PEB AFTER THE PDBR ELIGIBILITY DATES SHOULD BE CONSIDERED FAULTY AND IT SHOULD BE INCLUDED IN THE PDBR ELIGIBILITY WINDOW AS THERE WAS A HUGE GAP FROM THE END OF THE LEGACY MEB/PEB UNTIL THE FULL IMPLEMENTATION OF THE I-DES. BOTH WERE DESIGNED TO FIX OR CORRECT THE SHORTCOMINGS OF THE LEGACY MEB PROGRAM.

--
I see myself in your shoes in the near future, I have read through your post probably five times and never responded. Sounds like you went through a lot. I had my MEB botched as well, in a criminal sense, everything was done outside regulations. I am curious how you pursued... "And I had to fight like hell to get a flag, retirement certificates, and everything else despite a retirement flag award being codified in federal law." Are there specific forms you had to use?

Are you saying that if you use the Legacy DES instead of IDES then your not eligible for PDBR? I contacted PDBR and inquired about eligibility and I translated that you qualify if discharged between September 11, 2001 and December 31, 2009 combined disability ratings of 20% or less assigned to service members. I take it this is because of your 2010 engagements of MEB beginning to assigned date discharge?

For myself, as well, this is about fixing what is right and what needs to be done, the principle of things. So many wrongs were done upon me by my unit command.
 
UPDATE: I sent off my usual ARBA inquirery email on May 1, 2019 and received this back the same day: Your case was recently considered by the Board. Once the post-board reviews are completed and the decision finalized,you will receive a copy via regular mail to the address on file with your case.

I believe you are right about big changes are coming. I read an article about Deputy Assistant Secretary of the Army (Review Boards) Ms.Francine Blackmon's speech before the Personnel Committee and the House Armed Services Committee on September 27, 2018. Very interesting:

---
Maybe changes are coming, maybe not. I read the link record version. Although it may seem a little promising, in so far twice already to the board they have ignored my facts presented, all references to applicable laws and procedures which there are dozens upon dozens upon dozens; undebatable. Whoever the board examiner staff is who has worked on my petition materials should be fired or investigated by the OIG or both because I have thousands of pages to fully support my claims and the workups-I managed to get a [copy]; they do not even once address or revert to applicable laws and more so artificial language inserted that does not comply with laws or procedures. I did so much work that I even proved my enlistment and MOS was fraudulent and my ASVAB score was fixed (before days of computers - lady who was doing the tests was a whore and the recruiters got to keeps for their bonuses to put into infantry), just threw her a few bucks afterwards. Basically, board examiner making their own personal feelings up about the matter (MEB/PEB) - for god's sake that is why we have laws, regulations, directives so the military depts. concerned must follow them accordingly so wrongs don't happen. The entirely opposite of being verbose and completely the same as manufactured with no way to support statements is what I had to deal with. My bottom line is, if someone is not doing their job right and doesn't even follow laws and are not held accountable and your only option is redress then you are going nowhere. I have so much evidence and facts, that if I file in federal circuit I think the judge will drive over and slap whoever is in charge across the face. So far beyond, arbitrary and capricious, an abuse of discretion or otherwise not in accordance with law or if it was taken without observance of procedure required by law; Sec DoD should relieve the entire board and fire each and everyone one of them, shut it down, rehire and retrain. This is PEBFORUM, I don' know about your case, I was injured many times training and in combat. Not like I was smoking weed and doing drugs.
 
Mine isnt a medical issue I am contesting...it is a GOMOR that was issued unfairly and never removed. I was hoping to know what others might think about my situation.

My docket number was AR20160002227 (http://boards.law.af.mil/ARMY/BCMR/CY2016/20160002227.txt).

Basically, I was an Active Duty Army officer (12+ years combined enlisted/officer time) given a GOMOR for suspicion of refusing a breathalyzer and DUI. I was involuntarily separated because of it (Honorable Discharge, but the draw down of personnel in 2015 called for a separation board and because I had a GOMOR in my records, I was selected for early separation).

While awaiting my civilian trial date (which took close to a year from the incident), I appealed the GOMOR through the CG who issued it, and was denied. I appealed the GOMOR through DASEB, but was denied. I went to state court (Georgia), where I was found not guilty of DUI. As far as the breathalyzer refusal, I never actually refused. I in fact, did the field sobriety test, and was asked if I was ready to take a breathalyzer. I asked if I had to take one and the police officer simply said "No", then arrested me. There is no evidence (outside of what is written on a police report) for refusing a breathalyzer UNLESS the arresting officer requests a hearing in traffic court (which if found guilty, you lose your license). In my case this never happened. I believe the officer felt I would lose in court for the DUI so never bothered with requesting a traffic hearing or suspending my license. I also applied for and was granted an expungement of the arrest basically stipulating all matters of the incident (including the police report) be removed from all agencies records and that it will not be used as a matter of record for stating I was guilty of anything. (I realize any time u see DUI people think immediate negative thoughts. In my case, this involved a couple drinks spaced out over hours, and a corrupt/egotistical police officer out for blood).

I sent a 20+ page letter detailing all of this, with a bunch of enclosures. Their response and decision was matter of factly to the point that they thought it sounded like I refused to take the breathalyzer, so I deserved the GOMOR, and subsequently deserved to be separated.

I got out as an O-3, and I'm 38 years old now. I work as a contractor for the Army now. I would ideally want to have the GOMOR removed, be backdated time-in-service/time-in-grade (not sure if possible retroactive pay is a possibility, but I'm not worried about that), and be reinstated to Active Duty to finish out my time until retirement. If not, I would at least like the GOMOR removed, so that I could apply and be accepted for Reserves/National Guard to at least get some kind of pension for the time I've already served. I cant even get a federal job because the reprimand is in my records. So despite being found innocent and having the matter expunged outside of the Army, the GOMOR still remains affecting my retirement and ability to do anything outside of federal service.

I contacted NVLSP today to see what they say, but I'm not medically disabled or hurt or anything; just unfairly being thrown to the wayside. I may contact some law firms if I can find any that normally handle cases like this in federal court.

Do you have any thoughts, opinions, or advice on any of this? I truly appreciate any insight anyone could provide. Thanks.
I will tell you this much, I had to expunge m records for something once too, I am spotless clean behind the ears otherwise and a corrupt [bad] law enforcement officer got me and fabricated assault. A neighbor came over when I was working on a house and let his dog loose on me and came at me and I didn't see him until he swung and I swung and knocked him out [single defense punch] for a second he had a revolver in his pants and was going to kill me. I shot off a round in the air to scare off the dog. My 911 was botched by their police comm section and in his as he ran back home he was stating to kill me and was getting his rifle all this was going on why I am trying to kick off the dog and then told by 911 operator to stay there. Later, bad police, I am assaulted and verbally abused and thee guys must have been friends - he nailed me it was [is] very corrupted judicial system in NE particular state (no mention), it was so bad they had thugs in County lined up so I would never get out. Bad. Point is, that little incident, where I was innocent - no trial wife 6 mo. pregnant took plea. screwed me over. Although my records are expunged there is no such thing as a seal. Law enforcement and gov't agency systems will still be able to see that in their systems sorry to let you down. However, if the judge approved the motion for the issue then that counts pretty heavily. I tell my story to these big gun supporters that having a concealed carry means nothing, and if you need to use it that is another story and I get the "yeah, I will take that risk", yeah right, big talks, Walmart hillbilly shoppers with a colt .45 hanging of the belt-line.
 
I’ve submitted my package lasted near the end of January 2019. As of today I still don’t have a decision. I did get an advisory opinion two weeks ago giving me a chance to write a rebuttal letter and so far nothing. All I’ve heard about getting an advisory opinion is that it usually doesn’t take much longer afterwards to get an answer. I’m hoping that getting a chance to respond back means something. The AO did recognize that I no longer have an adjustment personality disorder and I’m currently fine to go back in but they’re still defending the doctors I saw in the Navy whose diagnosed me with Adjustment personality disorder. Which is BS because they’re ignoring most doctors I saw didn’t say I had an adjustment disorder and are just going off of what two people said. I’m hoping not much longer after this. I can’t get an update because everytime I call the BCNR phone number or send a email to them it gets ignored. How do you get a hold of these guys?
 
I’ve submitted my package lasted near the end of January 2019. As of today I still don’t have a decision. I did get an advisory opinion two weeks ago giving me a chance to write a rebuttal letter and so far nothing. All I’ve heard about getting an advisory opinion is that it usually doesn’t take much longer afterwards to get an answer. I’m hoping that getting a chance to respond back means something. The AO did recognize that I no longer have an adjustment personality disorder and I’m currently fine to go back in but they’re still defending the doctors I saw in the Navy whose diagnosed me with Adjustment personality disorder. Which is BS because they’re ignoring most doctors I saw didn’t say I had an adjustment disorder and are just going off of what two people said. I’m hoping not much longer after this. I can’t get an update because everytime I call the BCNR phone number or send a email to them it gets ignored. How do you get a hold of these guys?
I will tell you to wait. You just received an advisory opinion and have a response period. You lucky to get that far. I have communicated with BCNR but my experience has not been good. I have only communicated by email and seemingly this contact method was used against me for evidence. Their system is archaic, everything should be on a platform by now so you know what evidence is there, not just guessing if your electronic email attachments are in and or fax and or registered mail; you can't see it, you don't know.

There not going to talk to you with an advisory right now anyway because any influence could shift a decision. So just submit it, track it, and wait.
 
I will tell you to wait. You just received an advisory opinion and have a response period. You lucky to get that far. I have communicated with BCNR but my experience has not been good. I have only communicated by email and seemingly this contact method was used against me for evidence. Their system is archaic, everything should be on a platform by now so you know what evidence is there, not just guessing if your electronic email attachments are in and or fax and or registered mail; you can't see it, you don't know.

There not going to talk to you with an advisory right now anyway because any influence could shift a decision. So just submit it, track it, and wait.
I see, I’m hoping that my lawyer and what my friends said is correct that the advisory opinion is a good thing and means it’s not much longer until a decision is made. I’m not expecting it this or next week but hopefully it’s a handful of months away.
 
I see, I’m hoping that my lawyer and what my friends said is correct that the advisory opinion is a good thing and means it’s not much longer until a decision is made. I’m not expecting it this or next week but hopefully it’s a handful of months away.
I have been hoping for an advisory opinion for a long time from legal because regulations and laws were not followed an I proved this, however, the BCNR continues to make decisions without the very laws, rules and regulations with evidence I submit to prove myself. So, consider yourself lucky right now.
 
So the BCNR contacted me today and told me that a couple weeks ago they did a “final legal review”. After that they’re gonna adjudicate and sign off on it. Does anyone know what a final legal review is? What does that mean?
 
So the BCNR contacted me today and told me that a couple weeks ago they did a “final legal review”. After that they’re gonna adjudicate and sign off on it. Does anyone know what a final legal review is? What does that mean?
I have no idea what that is, they certainly didn't legal review any evidence I had, none at all or I'd be well past the Formal Board stage with decisions and such by now.
 
Before addressing some of the posts below, I will share my overall experience. I have done many dozens of BCMR/BCNR applications over the past 12 years or so (some as original applications, some on remand from the Court of Federal Claims).

My experience has been that a year or so for a decision is a good and "relatively fast" outcome. It seems to me that the times are taking longer now than in years before.

As far as getting "updates" it is very difficult to get any updates. The phone numbers/emails/written requests really don't regularly get responses.

As far as Congressional inquiries, my experience and view of cases have been that this rarely helps and may well tend to slow cases down. Rarely have I seen this to have been an effective route to a faster outcome. I tend to think this is not a helpful method to get a faster or better outcome.

The only sure fire method to get faster consideration on a case and with specific timelines, in my experience, is to file a complaint in the Court of Federal Claims and to get the Court to order a remand with a specific timeline for a decision (usually within 6 months). In some cases, this makes sense to pursue. But, by no means is this the preffered course of action. The facts and circumstances of each case matter. And there are "outlier" cases that take much less or much more time. I have had a single case resolve before the BCMR in 45 days. I have had cases take 2-3 years. If you count Court of Federal Claims cases, I have had cases take 5-6 years to get a "final" decision.




As mentioned above, the only way to get clear visibility and potentially a sooner outcome in my experience is to file a complaint in the US Court of Federal Claims and have judicial oversight of the timeline. This may be expensive and is not always the right approach. Sometimes it takes a long time (way too long).




Not a good approach in my experience. If it works, great. My experience is it is not the preferred approach and may well slow things down. (Also, for what its worth, there is some likely difference between the attention paid to various Members of Congress. A first term Representative or Senator likely has no juice. A sitting senior member on the House or Senate Armed Services Committee likely carries more "juice." While my opinion does not change overall on the value of going the "Congressional" route, it does shift a bit depending on which Member of Congress is involved.





Hurry up and wait. Actually, you are ahead of the game for getting a response at all. I am not convinced or even thinking that the response you got was meaningful. I doubt it impacted the timeline for your result. My guess is they sent a "form" letter response in hopes you would stop contacting them.

I hope I am wrong. I just have no reason to think it matters much, either way.



Please let us know how things progress. I think the final answer is the same to the question of "how long is a piece of string?" The answer is "however long it is."



Same comments as above. Not sure any of this matters. Hope I am wrong. Just have not seen any difference in proccessing based on the contact like you got.



As mentioned above, I doubt this helps and actually, I think it may slow things down.



I agree with your thoughts.


Yes, if it works to involve Members of Congress, then great! My experience is that it is not helpful (and may slow things). But, no one can know the impact or say for sure about this. People are free to pursue whatever course of action they think makes most sense for them.



Only good news I have is that over more than a dozen years of filing cases before the BCMR, I have had only a few cases that were "lost" in terms of them not acknowledging or processing cases filed, but, after following up, got relatively expedited consideration of the case. Just yesterday, I got a contact from the BCMR on a case that I filed more than 2 years ago.

Bottom line, the BCMR/BCNR is not a fast process. It is widely variable in processing and decision timelines. The only way to "force" quicker response in my opinion (and based on my experience) is via filing a complaint in Federal Court. This is not necessarily the best idea (can be expensive). Only time I really think filing with the US Court of Federal Claims is a necessary step is when you are running into potential statute of limitations issues.

This subject is complicate and very fact dependent. What is not in dispute is that the appeals process can take a long time.

Hope my input has been helpful to folks! Best of luck to everyone!
So I’m on the 15 month mark with my case. I did a congressional inquiry through my state Senator Dianne Feinstein. The congressional got the BCNR to respond to me. They told me that the BCNR did a final legal review on April 16th, 2020. They then said that it’s being adjudicated. I was wondering what does this all mean? Does this mean I’ll get a decision made soon? If so what would you think How soon of a decision would be made? I’m not that far off from the 18 month mark. I’m 15 months in at this point. Also if they make a favorable decision would they also give me a new revised DD214 along with my decision in the mail?
 
Hey....so my case..... awaiting 2 years and 3 months. Last I heard, my case was in legal for review....not sure what that step is, or what it means , but it is really hard to understand the process. Not sure why some map/schematic has not been developed so we can better understand the steps....or maybe one does exist and I unaware of it.
I had a final legal review a little over 1 month ago. I have no idea what it means. They told me they were going to adjudicate and sign off on a decision afterwards. I dunno how much longer this is gonna take but I hope something happens soon. I’m over 15 months now and all I’ve gotten as of late was them responding to my congressional and a advisory opinion which I got a little more than 3.5 months ago.
 
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