ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00980 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His aviation rating be reinstated. 2. His referral Officer Performance Report (OPR) rendered for the period 17 Feb 06 to 16 Feb 07 be declared void and removed from his record based on the reinstatement of his aviation rating. 3. He be promoted to the grade of major based on the above requested corrective action. ________________________________________________________________ STATEMENT OF FACTS: On 3 Aug 10, by majority vote, the Board considered and denied a similar request. For an accounting of the facts surrounding his previous request and the rationale of the Board’s earlier decision, see the Record of Proceedings at Exhibit I (with Exhibits A thru H). On 28 Sep 10, the applicant submitted a request for reconsideration. In his request for reconsideration, he provides correspondence from various writers who have contacted him concerning his case. The reporters exposed critical elements he was unable to. He contends Mr. H, staff writer for the Air Force Times successfully contacted Mr. G, the enlisted man from one of his wartime crews who inspired the letter he wrote to the local paper which resulted in immediate leadership retaliation. Furthermore, the applicant states his reputation was ruined and, despite passing four additional evaluations, two with “excellent” grades, the 349 AMW leadership had no intention of letting him continue to serve his country, and as testimony showed, made it known throughout his chain of command. The documents from his Congressional Office shows that no effort was put into investigating the evidence of religious discrimination, procedural errors, illegal acts of his commander or FEB findings that are demonstrably inconsistent with the evidence provided. The destruction of a career due to religious intolerance is against American protocol. Men and women who have gone to war for our country expressed a real fear of opposing the corrupt 349 AMW leadership, leadership which routinely dealt with this kind of honesty with retaliation, despite their observations of unfair treatment intended to “railroad” him, to virtually destroy his life, without a valid cause. In support of his request the applicant provides a personal statement, and email correspondence. The applicant’s complete submission, with attachments, is at Exhibit J. _______________________________________________________________ THE BOARD CONCLUDES THAT: In an earlier finding, the Board determined there was insufficient evidence to warrant any corrective action. After thoroughly reviewing the additional documentation submitted in support of his appeal, and the evidence of record, we do not believe the applicant has overcome the rationale expressed in our previous decision to warrant reinstating his aviation rating, removing the OPR rendered for the period 17 Feb 06 to 16 Feb 07 and promoting him to the grade of major. While the applicant alleges the negative actions taken against him were the result of religious discrimination, we note that he has not provided any evidence that he filed a Military Equal Opportunity (MEO) or Inspector General (IG) complaint. Therefore, his application is unsupported by the evidence and we conclude the applicant has failed to sustain his burden of showing he suffered either an error or an injustice. In view of the above and in the absence of evidence to the contrary, we find no basis upon which to recommend favorable consideration of the applicant’s request. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of 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 AFBCMR Docket Number BC-2009-00980 in Executive Session on 11 Aug 11, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit I. Record of Proceedings, dated 19 May 09, w/exhibits A through H. Exhibit J. Applicant’s Rebuttal, dated 28 Sept 10, w/atchs. Panel Chair