THIRD ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBERS:  BC-1997-
01068
      COUNSEL: NONE
	                	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

1. The Promotion Recommendation Form (PRF) prepared for the 
Calendar Year 1993B (CY93B) Major Central Selection Board (CSB).  
be substituted with a new PRF which reflects a “Definitely 
Promote (DP)” recommendation.  

2. His records, to include the corrected “DP” be considered for 
promotion by an SSB for the CY93B Major CSB.  

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RESUME OF CASE:

The applicant was considered and not selected for promotion to 
the grade of major by the CY93B and CY94A CSBs.  

The Officer Personnel Records Review Board (OPRRB) corrected the 
applicant’s duty title on the company Grade Officer Performance 
Report (OPR) rendered for the period 1 August 1990 through 
31 March 1991, and amended the OPR to include an appropriate 
Professional Military Education (PME) recommendation.  However, 
the OPRRB denied his request for SSB consideration.  

On 30 April 1995, the applicant was released from active duty.  
On 28 April 1996, he was commissioned in the Air Force Reserve.  
He was subsequently promoted to the grade of major, effective 
1 October 1998.  

On 31 March 1997, the applicant submitted an appeal to the Board 
requesting his non-selections to the grade of major by the CY93B 
and CY94A CSBs be voided, his PRFs for both promotion boards be 
revised to reflect overall recommendations of “DP,” and he be 
promoted to the grade of major by the CY93B CSB with all rights, 
benefits, pays, and entitlements restored.  

On 21 June 2000 the Board considered and granted the applicant’s 
request for SSB consideration for the CY93B and CY94A Major 
CSBs; however, they denied his request to amend the overall 
recommendation on his PRFs to reflect “DP,” and his request for 
direct promotion to major with all rights, benefits, pay and 
entitlements associated with the restored promotion.  

On 22 January 2001, the applicant was considered and not 
selected for promotion by SSBs for the CY93 and CY94 Major CSBs.  

On 11 April 2005, the applicant’s counsel requested the 
applicant be considered by another SSB since the SSB that 
considered him for promotion failed to provide a rationale for 
not selecting him.  

On 2 November 2005, the Board considered and denied the 
applicant’s request for another SSB consideration for the CY93 
and CY94 Major CSBs.  

On 10 June 2011, the applicant requested reconsideration and 
provided letters of support from the Management Level Review 
(MLR) President for the CY93B CSB, and the original Senior Rater 
(both retired).  With his letter of support, the Senior Rater 
provided a revised PRF with an overall recommendation of “DP.” 

On 26 March 2013, the Board considered and rejected the 
applicant’s request as untimely, indicating that it would not be 
in the interest of justice to waive the untimeliness  

For an accounting of the facts and circumstances surrounding the 
three applications, and the rationale of the earlier decisions 
by the Board, see the Record of Proceedings (ROP) at Exhibit I, 
the Addendum to Record of Proceedings at Exhibit N, and the 
Second Addendum to Record or Proceedings at Exhibit T.  

On 15 September 2013, the applicant submitted a request for 
reconsideration and provided a letter of support from his first 
line supervisor addressing the timeliness issue.  The supervisor 
indicates the applicant did not have the opportunity to offer 
PRF corrections before the CY93B CSB met, and that he was 
unaware of the errors and omissions until, after many years, he 
was able to communicate with his Senior Rater and able to obtain 
a correction to his record.  

In support of his request for reconsideration, the applicant 
provides a personal statement; a letter from his supervisor; 
previously submitted letters of support from the Senior Rater 
and MLR President; a revised PRF for the CY93B CSB with an 
overall rating of “DP;” an excerpt of a legal opinion, dated 28 
September 1988, discussing the timeliness issue; and the Air 
Force Personnel Center CY93B and CY94A promotion rates to the 
rank of major with “DP” and “Promote” recommendations on the 
PRFs. 

The applicant’s complete submission, with attachments, is at 
Exhibit U.

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THE BOARD CONCLUDES THAT:

1.  In earlier findings, the Board found the applicant’s 
requests were untimely filed and; therefore, denied his appeal 
based on that basis.  We concur the applicant’s appeal is 
untimely; however, Title 10 United States Code (USC) 1552, 
paragraph b, permits us, in our discretion, to excuse untimely 
filing in the interest of justice.  Therefore, we have carefully 
reviewed applicant's submission and the entire record, and find 
a sufficient basis to excuse the untimely filing of this 
application in the interest of justice.  

2.  After thoroughly reviewing the additional documentation 
submitted in support of his appeal and the evidence of record, 
we do not believe the applicant has provided sufficient evidence 
that he has suffered an error or injustice.  While the applicant 
provides a letter of support from his past supervisor indicating 
the applicant did not have an opportunity to offer PRF 
corrections before the CY93 Major CSB; and letters of support 
from the original Senior Rater and MLR President indicting their 
opinions provide a detailed explanation of what accomplishments 
were omitted on the PRF during that timeframe, the fact remains 
that virtually 20 years have elapsed from the time of these 
errors to current attempts by the applicant and rating chain to 
correct these errors.  All of the principals in this application 
are currently retired, and their recollections are two decades 
after the fact.  We have considered the applicant’s assertion of 
due diligence and the statement from his former supervisor that 
it was impossible for him or the applicant to approach the 
commander before the CY93B Major CSB concerning his PRF; 
however, we do not find the arguments presented are sufficient 
to support their contentions.  Any report can be re-written to 
be more hard hitting and enhance their motive to get another 
promotion opportunity.  However, the time the applicant should 
have pursued the alleged correction should have been two decades 
ago, when memories were still fresh.  Therefore, 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.  

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application.  

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The following members of the Board reconsidered AFBCMR Docket 
Number BC-1997-01068 in Executive Session on 3 July 2014, under 
the provisions of AFI 36-2603:

			                  , Chair
			                  , Member
			                  , Member

The following documentary evidence was:

    Exhibit T.  Second Addendum to ROP, dated 3 Apr 13, w/atchs.
    Exhibit U.  Letter, Applicant, dated 15 Sep 13, w/atchs.




								                    
								Chair