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AF | BCMR | CY1999 | 9403273A
Original file (9403273A.doc) Auto-classification: Denied


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


IN THE MATTER OF:                       DOCKET NUMBER: 94-03273
                                        INDEX CODE 131.01
                                        COUNSEL:  None

                                        HEARING DESIRED:  No

_________________________________________________________________

RESUME OF CASE:

On 13 June 1995, the Board considered and, by a majority vote,  denied
applicant’s request to void the Promotion  Recommendation  Form  (PRF)
prepared for  the  Calendar  Year  1992B  (CY92B)  Central  Lieutenant
Colonel  Board  and  provide  him  Special   Selection   Board   (SSB)
consideration.   The  applicant  provided  additional   evidence   and
requested the Board reconsider his application.  On  29 January  1996,
the Board considered  the  documentation  and  voted  to  correct  the
applicant’s records by voiding the contested PRF and providing him SSB
consideration. Applicant was considered and not selected by SSB  on  4
May 1996. A copy of the Addendum to the Record of  Proceedings  (ROP),
with attachments, is at Exhibit J.

The applicant now requests that a PRF  be  reaccomplished  and  he  be
provided SSB consideration for the CY92B board. He bases  his  request
on the fact that his record was not “constructed to appear as it would
have been had it met the original board.”  His latest submission is at
Exhibit K.

An advisory opinion was obtained from the Air  Force  addressing  this
issue and is provided at Exhibit L.

The applicant provided a rebuttal, which is at Exhibit N.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

After a thorough review of the  evidence  of  record  and  applicant’s
submission, we are not persuaded that the applicant’s  latest  request
should be granted. His contentions are duly noted; however, we do  not
find these assertions, in and by themselves,  sufficiently  persuasive
to override the rationale provided  by  the  Air  Force.  He  has  not
provided a reaccomplished PRF, as is his responsibility. The  AF  Form
77 merely reflects that the PRF is not available. We  therefore  agree
with the recommendations of the Air  Staff  and  adopt  the  rationale
expressed as the basis for our
decision that the applicant has failed to sustain his burden  that  he
has suffered either an error or an injustice.  Therefore, we  find  no
compelling basis to recommend granting the relief sought.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 9 March 1999, under the  provisions  of  AFI  36-
2603:

                 Mr. Thomas S. Markiewicz, Panel Chair
                 Mr. Charles E. Bennett, Member
                 Mr. Vaughn E. Schlunz, Member

The following documentary evidence was considered:

     Exhibit J.  Addendum to ROP, dated 7 Feb 96, w/atchs.
     Exhibit K.  DD Form 149, dated 29 May 98, w/atchs.
     Exhibit L.  Letter, HQ AFPC/DPPPA, dated 8 Jul 98.
     Exhibit M.  Letter, AFBCMR, dated 20 Jul 98.
     Exhibit N.  Letter, Applicant, dated 11 Nov 98.




                                   THOMAS S. MARKIEWICZ
                                   Panel Chair

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