ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1991-01656-2
COUNSEL: NO
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His calendar year (CY) 1988, Air Force Form 709, Promotion Recommendation Form, be changed from Promote to Definitely Promote.
2. He be granted Special Selection Board (SSB) promotion consideration for CY 1987 Lieutenant Colonel (Lt Col) Board.
________________________________________________________________
RESUME OF CASE:
On 15 Aug 91, the Board considered the applicants original request to show that his officer effectiveness report (OER) for the period 12 May 86 through 27 Nov 86 be removed from his record and he be given special selection board (SSB) promotion consideration for the calendar year 1987 lieutenant colonel board. However, the Board determined his application was not timely filed. Although the Board determined his application was not timely filed, they reviewed the case on its merits and found no error or injustice that warranted changing his records or waiving the timeliness in the interest of justice. In the original case, the applicant contended unsubstantiated misconduct and an ongoing investigation through the office of special investigation (OSI) adversely impacted his CY 1987 and 1988 officer evaluation reporting cycles which resulted in his non-selection for promotion to Lt Col. For an accounting of the facts and circumstances surrounding the applicants original request and the rationale of the earlier decision by the Board, see the complete Record of Proceedings (ROP) at Exhibit F.
On 12 Feb 13, the applicant submitted a statement requesting reconsideration of his case. As new evidence, in support of his request, he submitted a supporting letter, dated 28 Jan 13, from the indorser of his OER rendered for the period of 28 Nov 86 through 31 Oct 87. The applicant contends his indorser recently discovered that his CY 1987 OER was revised. It is his indorsers belief that his opportunity for promotion by the CYs 1987 and 1988 Lt Col promotion boards was adversely affected by a meritless OSI investigation and had his CY 1987 OER been indorsed by the PACAF/CV, as it subsequently was, he would have probably been given the proper recommendation of Definitely Promote on the contested PRF. Nevertheless, if not promoted by the CY 1987 board, he would most certainly have met the CY 1988 board with a Definitely Promote recommendation and likely selected for promotion. Based on this supporting letter, he would have been selected and served as a Lt Col and also been competitive for promotion to Colonel; however, an injustice prevented both.
The applicants complete submission, with attachment, is at Exhibit G.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. After again reviewing this application and the documentation provided by the applicant in support of his request for reconsideration, we find the application untimely. The applicant did not file his original request within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603. The applicant has not shown a plausible reason for the delay in filing, and we are not persuaded 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 applicants failure to file in a timely manner.
2. The applicants 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 this issues involved. Therefore, the request for a hearing is not favorably considered.
________________________________________________________________
THE BOARD DETERMINES THAT:
The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely.
________________________________________________________________
The following members of the Board considered the applicants request for reconsideration of AFBCMR Docket BC-1991-01656 in Executive Session on 18 Mar 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-1991-01656 was considered:
Exhibit F. ROP, dated 27 Aug 91, with atchs.
Exhibit G. DD Form 149, dated 12 Feb 13, w/atchs.
Panel Chair
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