SECOND ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-1991-01818 COUNSEL: NO HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: 1. Reconsideration of Board’s previous decision for his Officer Effectiveness Report (OER) closing 17 Apr 87 be declared void and removed from his records. 2. His Officer Selection Records (OSR) considered by the 1986, 1987, 1988, 1989, 1990, and 1991 Lieutenant Colonel (O-5) Promotion Boards be corrected to reflect he was awarded the Meritorious Service Medal (MSM), effective 8 Sep 86, and that he completed the Air War College (AWC), effective 15 Sep 86. 3. His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect he was awarded the MSM, First Oak Leaf Cluster (1OLC) for the period 17 May 86 to 31 Aug 91. 4. His duty title of Director of Family Support Center be voided from his records for the period 1987 through 1988. 5. Based on these corrections, he be granted Special Selection Board (SSB) promotion consideration to the grade of lieutenant colonel (05). ________________________________________________________________ RESUME OF CASE: On 30 Nov 93, the Board considered and denied the applicant’s original request to correct his records to reflect his Officer Effectiveness Reports (OER) closing 17 Apr 86, 17 Apr 87, and 17 Apr 88 be declared void and removed, his non-selection for promotion to the grade of lieutenant colonel be set aside, he be retroactively promoted to the grade of lieutenant colonel, he be reinstated to active duty in the grade of lieutenant colonel, and any derogatory/unfavorable information contained in his records be deleted. In the original case, the applicant contended his OERs closing 17 Apr 86, 17 Apr 87, and 17 Apr 88 adversely effected his promotion consideration to the grade of lieutenant colonel. As such, the OERs should be declared void and removed and, based on these corrections, he should be given SSB consideration for promotion to the grade of lieutenant colonel. The Board found the evidence presented by the applicant was not sufficient to conclude that he was somehow not fairly considered for promotion on a fair and equitable basis. For an accounting of the facts and circumstances surrounding the applicant’s original request and the rationale of the earlier decision by the Board, see the Record of Proceedings (ROP) at Exhibit H. On 11 Oct 06, by virtue of a DD Form 149, the applicant requested reconsideration of his requests to remove his OER closing 17 Apr 87 from his records and receive SSB promotion consideration. As the applicant’s request on this point did not contain any new and/or relevant evidence, the Board staff determined his request for reconsideration did not meet the criteria for reconsideration by the Board. In addition, the applicant requested that his duty title of Commander, Headquarters Squadron Section be voided from his record and he be provided SSB consideration for promotion to the grade of lieutenant colonel. However, after a thorough review of the documentation provided by the applicant on this point, the Board determined there was insufficient evidence of an error or injustice and denied the applicant’s request. For an accounting of the facts and circumstances surrounding the applicant’s reconsideration and the rationale of the Board’s decision, see the Addendum to Record of Proceedings (AROP) at Exhibit O. On 19 Jul 13, by virtue of a letter through the applicant’s Senator, he requested reconsideration of his request to remove his 1987 OER from his records and be provided SSB consideration, contending there were clearly unlawful evaluation practices which adversely and inaccurately portrayed his official records and quality of his service to the United States. As new evidence, the applicant submitted a copy of the Senate Report 102-482, a 27 Jun 94 memorandum, entitled “Retirement of Major General Thomas J. Hickey, U.S. Air Force,” and a 29 Jun 94 memorandum, entitled “Whether an Attempt to Influence a Major- General Selection Board Could Conceivably Be Subject To Criminal Prosecution.” He argues these documents substantiate the integrity of his promotion process was flawed. Specifically, officers were excluded from promotion consideration by a pre- selection process that communicated a “priority list” to selection boards. He contends these documents further revealed non-transparent Air Force practices that violated officer promotion statutes, regulations and evaluation procedures led by the top Air force personnel officer, which in-turn affected the applicant. As for the applicant’s request that his OSR be corrected to reflect he was awarded the MSM and attended AWC, he argues that he completed AWC on 5 Sep 86 and the AWC entry was intentionally removed from his records reviewed by the lieutenant colonel promotion selection boards held during 1987 through 1991. As such, he should receive SSB consideration for the boards held during 1987 through 1991. In regards to his MSM awarded on 8 Sep 86, there was an untimely, inordinate record entry delay causing it not to be reflected in his records until 1987. Thus, his record before the contested promotion boards was inaccurate. The Air Force Military Personnel Center (AFMPC) approved the removal of his duty title, “Director of Family Support Center” in March 1987; however, a delay in its removal until 17 Mar 88 caused his OSR that met the 15 Jun 87 SSB and another 1987 regular promotion selection board held on 25 Nov 87 to be inaccurate. His OER closing 17 Apr 87, erroneously cites three duties held and evaluated, while only two were valid. It was factually incorrect to cite three duties in the OER when AFMPC removed the civilian Director, Family Support Center duty. Finally, his MSM (First Oak Leaf Cluster) awarded 31 Aug 91 was not reflected on his DD Form 214 at retirement. The applicant’s complete submission, with attachments, is at Exhibit P. ________________________________________________________________ THE BOARD CONCLUDES THAT: After again reviewing the applicant’s request and the totality of the evidence provided, we are not convinced that the evidence presented by the applicant in support of his request for reconsideration of the Board’s previous decisions meets the criteria for reconsideration. In this respect, we note the applicant has provided copies of a variety of congressional and other reports intended to impugn the Air Force’s officer promotion process; however, in view of the fact that these reports are not new, but were reasonably available during previous considerations of the applicant’s case, we are not convinced that the documentation provided by the applicant meets the criteria for reconsideration. As the applicant has been advised, reconsideration is only authorized when an applicant presents newly discovered relevant evidence that was not available at the time of the Board’s previous considerations of a case. As for the applicant’s requests related to correcting his records related to his meritorious service medal (MSM) and Air War College attendance, these requests were not filed within three years of the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603. Therefore, as his new requests involve events which took place over 27 years ago, and the Board has, on two occasions thoroughly considered the applicant’s promotion consideration, we do not believe it would be in the interest of justice to excuse the applicant’s failure to timely file. The applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits. Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the additional documentation presented in support of the applicant’s requests related to the contested OER, duty title, and consideration for promotion to lieutenant colonel does not meet the criteria for reconsideration by the Board; that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. As for the applicant’s requests relating to the MSM and attendance at Air War College, these requests were not timely filed in accordance with our governing statute and AFI 36-2603, Air Force Board for Correction of Military Records, and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject these aspects of the application as untimely. ________________________________________________________________ The following members of the Board considered the applicant’s request for reconsideration of AFBCMR Docket BC-1991-01818 in Executive Session on 21 Aug 14, under the provisions of AFI 36- 2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit O. Addendum to Record of Proceedings, dated 31 Jan 08, w/atchs. Exhibit P. Letter, Applicant, dated 24 May 13, w/atchs.