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AF | BCMR | CY1998 | 9600593
Original file (9600593.pdf) Auto-classification: Denied
ADDENDUM TO 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

IN THE MATTER OF: 

DOCKET NUMBER:  96-00593 

ALE 2 5  1998 

COUNSEL:  NONE 

HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT: 

He  be  reconsidered  for promotion  to  the  grade  of  chief  master 
sergeant  (E-9) for the 9539 promotion cycle, with the Letter of 
Evaluation  (LOE) ,  closing  14  December  1994,  filed  in  his 
selection folder, and that his records be rescored. 

RESUME OF CASE: 

On  17 December 1996, the Board  considered and denied a  similar 
appeal by the applicant.  A summary of the evidence considered by 
the Board and the rationale for its decision is set forth in the 
Record  of  Proceedings,  AFBCMR  96-00593, which  is  attached  at 
Exhibit G. 

On 30 October  1997, the applicant provided  additional evidence, 
which  was  forwarded  to  the  Board  through SAF/MI,  for possible 
reconsideration of his application (Exhibit H) . 

APPLICANT CONTENDS THAT: 

He  disagrees  with  the  findings of  the  Board  in  his  case  and 
believes  that  the  evidence  provides  adequate  support  for  his 
contentions.  He believes the facts verify that HQ AFPC failed to 
update  his  master  promotion  file,  lost  his  performance  and 
decoration data and did not look at his complete master promotion 
file before automatically identifying him as a nonselect in 1995. 
In  further  support  of  his  appeal,  he  provided  additional 
documents associated with the issues cited in his contentions.  A 
complete copy of the applicant's submission is at Exhibit H. 

c 

I

.

 

THE BOARD CONCLUDES THAT: 

In earlier  findings, we  determined  that  there was  insufficient 
evidence  to  warrant  any  corrective  action  regarding  the 
applicant’s request for promotion reconsideration to the grade of 
chief  master  sergeant  (E-9). 
We  are  unpersuaded  by  the 
additional  evidence  presented  that  the  Enlisted  Performance 
Report  (EPR) ,  closing 17 April 1995, was not reviewed by the 95E9 
Evaluation  Board  or  that  the  supplemental  evaluation  board 
violated  established  policy  by  electing  not  to  rescore  the 
applicant‘s record  or  that  its  decision  was  an  abuse  of  its 
discretionary authority.  In this respect, we  note AFI  3 6 - 2 5 0 2  
stipulates that rescoring is optional for supplemental promotion 
board  consideration.  with regard to the LOE being  filed in his 
Senior Noncommissioned  Officer  Selection Record  (NSR), we  note 
that LOEs are not required to be filed in the selection record. 
The applicant’s assertions that the promotion board was unaware 
of his performance while assigned temporary duty  (TDY) were duly 
noted.  However, we  compared  the LOE in question with the  EPR, 
closing  17  April  1 9 9 5 ,   and  it  appears  that  the  evaluators 
extracted pertinent data  from  the  LOE at  the  time  the  EPR  was 
rendered.  A s   to the aforementioned EPR  being a certified copy in 
lieu of the original EPR  being filed in his selection record, it 
is  our  opinion  that  the  certified  copy  did  not  lessen  the 
importance of the evaluation of his performance during the period 
in  question.  In  addition, other  than  his  own  assertions, no 
evidence has been provided to substantiate that the EPR was not 
filed in his selection record at the time he was considered for 
promotion.  With regard to the applicant’s contentions concerning 
the conflicting data verification record  (DVR) and the selection 
record, we note  that, due to the missing data in his selection 
record, he  was provided  supplemental promotion  consideration in 
accordance 
procedures. 
Notwithstanding  the applicant’s assertions, we  find no evidence 
which would lead us to believe that the applicant was not fairly 
considered for promotion in the supplemental process or that he 
was  treated  substantially  different  than  others  similarly 
situated.  In view of the above, and in the absence of evidence 
to the contrary, we adhere to the original decision to deny the 
appeal.  Accordingly, the  applicant’s request  is not  favorably 
considered. 

established 

with 

policy 

and 

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  a  personal 
appearance; and  that  the  application will  only be  reconsidered 
upon  the  submission of  newly  discovered  relevant  evidence  not 
considered with this application. 

2 

96- 00593 

The following members of the Board considered this application in 
Executive  Session on  15 May  1 9 9 8 ,   under  the  provisions of  AFI 
36-2603 : 

Mr. Thomas S .   Markiewicz, Panel Chair 
Mr. Jackson A. Hauslein, Member 
Mr. David W. Mulgrew, Member 

The following documentary evidence was considered: 

Exhibit G .   Record of Proceedings, dated 6  Feb 9 7 .  
Exhibit H.  Letter from applicant, dated 30 Oct 9 7 ,   w/atchs. 

Panel Chair 

/ 

c1 

3 

96-00593 



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