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AF | BCMR | CY1998 | 9301945
Original file (9301945.pdf) Auto-classification: Denied
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ADDENDUM TO 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

IN THE MATTER OF: 

DOCKET NUMBER:  93-01945 
COUNSEL:  NONE 
HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT: 
His  Officer  Performance Reports  (OPRs) closing  16  Aug  89  and 
28 Jun 90 be replaced with reaccomplished reports. 
The  Promotion  Recommendation  Forms  (PRF)  prepared  for 
consideration by  the CY91B and CY92B Lieutenant Colonel Boards, 
which  convened  on  2  Dec  91  and  16  Nov  9 2 ,   be  upgraded  to 
"Definitely Promote. 
His  nonselections  for  promotion  to  the  grade  of  lieutenant 
colonel be set aside. 
He  be  directly promoted  to  the  grade  of  lieutenant  colonel  as 
though selected by the CY91B Lieutenant Colonel Board. 

RESUME OF THE CASE: 
The  applicant  is  a  former  Regular  Air  Force  officer  who  was 
honorably relieved from active duty on 30 Jun 96 and retired in 
the grade of major, effective 1 Ju1 96.  He had served 20 years 
and 29 days on active duty. 
On 12 Jul 94, the Board considered and denied a similar appeal by 
the applicant (see AFBCMR 93-01945, with Exhibits A through E). 

APPLICANT CONTENDS THAT: 
The  contested  report  OPRs  were  prepared  in  violation  of 
regulatory requirements. 

The  Management  Level  Evaluation  Board  (MLEB)  used  illegal 
procedures in the promotion recommendation process, in violation 
of the governing regulation. 
The  Air  Force  Selection  Board  process  violates  statute  and 
Department of the Defense (DOD) directives. 

. 

A complete copy of the applicant's  request for reconsideration is 
at Exhibit F. 
By  letter, dated  15 Nov  95, the applicant submitted additional 
documentary evidence for consideration (Exhibit G). 

AIR FORCE EVALUATION: 
Pursuant  to  the  Board's  request,  the  Evaluation  Procedures 
Section,  AFPC/DPPPEP,  reviewed  the  applicant's  most  recent 
submission and provided an assessment concerning the applicant's 
request that his OPRs  closing 16 Aug 89 and 28 Jun 90 be replaced 
with reaccomplished OPRs.  According to DPPPEP, they performed an 
extremely  thorough  review  of  each  point  of  contention  and  are 
confident  in  their  assessment  that  the  applicant's  allegations 
lack merit.  DPPPEP recommended that the request be denied. 
A complete copy of the DPPPEP evaluation is at Exhibit H. 
The Management  Level  Review  Section, AFPC/DPPPEB,  reviewed  the 
applicant's  submission and recommended denial of his request for 
upgrade of his PRFs.  In DPPPEB's  view, the new evidence provided 
did not substantiate his allegations or prove that he was treated 
unfairly by  the officer evaluation system or that his record of 
performance was tainted. 
A complete copy of the DPPPEB evaluation is at Exhibit I. 
The  Staff  Judge  Advocate,  AFPC/JA,  reviewed  the  applicant's 
subinission and indicated that, in their view, it  failed to meet 
Theref ore,  the 
the  requisite  criteria  for  reconsideration. 
application should be  denied  on that basis.  On the merits,  JA 
stated  the  applicant  has  failed  to  present  relevant  evidence 
proving  the  existence of  any  error or  injustice prejudicial  to 
his substantial rights.  Accordingly, JA recommended denial. 
A complete copy of the JA evaluation is at Exhibit J. 

APPLICANT'S REVIEW OF AIR FORCE  EVALUATION: 
In his response, the applicant stated in his previous submission 
he introduced new evidence which had  not been available when  he 
initially asked the Board  for correction of his record.  He has 
also  provided  even more  new  evidence which  has  come  to  light. 
All he is asking for is for a  full and fair hearing on the issues 
in  his  case. 
He  believes  the  evidence  speaks  for  itself. 
Although  the  Air  Force  Personnel  Center  (AFPC)  attempted  to 
ignore the issues, their own documents prove the validity of his 
position on every ground  for relief upon which  his petition  is 
based. 

2 

AFBCMR 93-01945 

Applicant's  complete response and additional documentary evidence 
are at Exhibit L. 

THE BOARD CONCLUDES THAT: 
1.  In  earlier  findings,  we  determined  that  there  was 
insufficient evidence to warrant any corrective action regarding 
the  applicant's  original  appeal. 
We  have  reviewed  the 
applicant's  most  recent  submission  and  we  do  not  find  it 
sufficient to  override the  rationale provided  by  the Air  Force 
offices  of  primary  responsibility  (OPRs).  Therefore,  in  the 
absence of sufficient evidence to the contrary, we agree with the 
recommendations  of  the  OPRs  and  adopt  their  rationale  as  the 
basis  for our decision that the applicant has failed to sustain 
his burden of establishing that he has suffered either an error 
or an injustice.  Accordingly, we again find no compelling basis 
to recommend granting the relief sought in this application. 
2.  The applicant's 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 the issues involved. 
Therefore, the request for a hearing is not favorably considered. 

. ..e 

THE BOARD DETERMINES THAT: 
The  applicant be  notified  that  the  evidence  presented  did  not 
demonstrate  the  existence  of  probable  material  error  or 
injustice;  that  the  application was  denied  without  s,  personEl 
appearance; and  that  the  application will  only  be  reconsidered 
upon  the  submission  of  newly  discovered  relevant  evidence  n c t  
considered with this application. 

The following members of the Board considered this application in 
Executive Session on 14 Oct  98,  under the provisions of A F I   36- 
2603: 

Mr. Thomas S.  Markiewicz, Panel Chair 
Mr. Charles E.  Bennett, Member 
Ms. Martha Maust, Member 

The following additional documentary evidence was considered: 

Exhibit F. 
Exhibit G. 
Exhibit H. 
Exhibit I. 
Exhibit J. 

Letter, applicant, dated 2 May 95, w/atchs. 
Letter, applicant, dated 15 Nov 95, w/atchs. 
Letter, AFPC/DPPPEP, dated 8 Oct 96. 
Letter, AFPC/DPPPEB, dated 22 Oct 96. 
Letter, AFPC/JA, dated 11 Feb 97. 

3 

AFBCMR 93-01945 

Exhibit L. 
Exhibit K.  Letter,  SAF/MIBR, dated  17 Feb 97. 

Letter,  applicant, dated 21 Mar 97,  w/atchs. 

. 

7 .  

;ic--c* 
THOMAS S.  MARKIEWICZ _ _  
Panel Chair 

4 

AFBCMR  93-01945 



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