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AF | BCMR | CY1998 | 9402837
Original file (9402837.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

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IN THE MATTER OF: 

DOCKET NUMBER:  93-02837 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

/ [ / . " a  [ 4 a b Q o  

His Officer Effectiveness Report  (OER) , rendered for the period 
26 Sep  85  through  25  Sep  86,  be  declared  void  or  void  the 
ratings and comments of the indorser. 
Examiner's Note:  Although  the applicant has  not  specifically 
identified the ratings he would like voided, it appears from his 
supporting  documents  that  he  is  referring  to  Section  I11 
(Performance Factors), Item 1  (Job Knowledge). 

PIiTCANT 

THAT: 

The indorser's ratings and comments are inaccurate and untrue. 
The indorser never directly observed his performance nor did he 
ever fly with him. 
In supporttof his request, applicant submits statements from his 
former  squadron  commander ,  flight  commander  and  supervisors 
(Exhibit A). 

Applicant  is currently serving on active duty  in the grade of 
major, with a date of rank (DOR) of 1 Mar 87. 
Applicant's OER/OPR profile follows: 

Period Endina 
*25 Sep 86 
25 Sep 87 
23 Jun 88 
31 May 89 
15 Dec 89 
#15 Dec 90 
##23 Aug  91 
###  3 Jun 92 
3 Jun 93 

*  Contested OER  (Exhibit 

1-1-1 
1-1-1 
1 - 1  - 1  

f Standards 
Standards 
Standards 
Standards 
Standards 
Standards 

A - L  

Meets 
Meets 
Meets 
Meets 
Meets 
Meets 

. 

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1 

#  Top report at the time he was considered and nonselected for 
promotion to lieutenant colonel by the CY91A  (15 Apr 91) Central 
Lieutenant Colonel Board. 
##  Top report at the time he was considered and nonselected for 
promotion to lieutenant colonel by the CY91B  (2 Dec 91) Central 
Lieutenant Colonel Board. 
###  Top report at the time he was considered and nonselected for 
promotion to lieutenant colonel by the CY92B  (16 Nov 92) Central 
Lieutenant Colonel Board. 

The  Directorate of  Personnel  Program Management, AFMPC/DPMAJ, 
reviewed this application and recommended denial.  They stated 
that this appeal is not timely since the OER closing 25 Sep 86 
has  been  a part  of  the  applicant's .official record  for over 
seven  years. 
The  applicant  provides  a  statement  from  the 
additional rater of the contested report.  While the additional 
rater supports the applicant's appeal, he confirms the applicant 
had  some problems with  flying qualifications.  He also states 
the  applicant's  performance  in  the  Mission  Qualification 
Training  (MQT) program  was  satisfactory.  They  have  attached 
extracts of the results of a flying evaluation board  conducted 
8  Jun  87  which  determined  that  the  applicant  failed  to 
consistently  demonstrate  the  proficiency  required  to  perform 
duties  as  a combat  capable RF-4C pilot  between  9 Oct  85  and 
26  Nov  8 6 .  
This information appears to support the contested 
OER  statement.  The  other  statements  the  applicant  provides 
support his appeal, but they are not from rating chain members, 
nor  do  they  prove  the  contested  report  is  inaccurate. 
A 
complete copy of this evaluation is appended at Exhibit D. 

A copy of the Air Staff evaluation was forwarded to applicant on 
1 Dec 93 for review and response.  As of this date, no response 
has been received by this office (Exhibit E). 

1.  The application was not filed within three years after the 
alleged error or injustice was discovered, or reasonably could 
have  been  discovered, as  required by  Section  1552,  Title  10, 
United States Code  (10 USC 1552, and Air Force Regulation 31-3. 
Thus the application is untimely. 
Fc - 4 3 -  c3 2 837 

2 

2.  Paragraph b of 10 USC 1552 permits us, in our discretion, to 
excuse  untimely  filing  in  the  interest  of  justice.  We  have 
carefully reviewed applicant's submission and the entire record, 
and we  do not  find a sufficient basis  to excuse the untimely 
filing  of  this  application.  The  applicant  has  not  shown  a 
plausible reason for delay in filing, and we are not persuaded 
that  the  record  raises  issues  of  error  or  injustice  which 
require resolution on the merits at this time.  Accordingly, we 
conclude  that  it  would  not  be  in  the  interest of  justice  to 
excuse the untimely filing of the application. 

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 this application 
in Executive Session on 9 Jun 94, under the provisions of AFR 
31-3: 

G .   Hammond Myers, 111, Panel Chairman 
Scott W. Stucky, Member 
Joseph T. Wagner, Member 

The following documentary evidence was considered: 

Exhibit A.  DD Form 149, dated 14 Apr 9 3 ,   w/atchs. 
Applicant's Master Personnel Records. 
Exhibit B. 
Exhibit C.  Contested Officer Effectiveness Report  (OER) . 
Exhibit D.  Letter, AFMPC/DPMAJ, dated 5 Nov 93, w/atchs. 
Exhibit E.  Letter, AFBCMR, dated 1 Dec 93. 

Panel Chairman  I 

G .   HAMMOND  MYERS, I11 

3 



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