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AF | BCMR | CY1999 | 9701210
Original file (9701210.doc) Auto-classification: Denied


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


IN THE MATTER OF:      DOCKET NUMBER:  97-01210
            INDEX CODE:  110.03, 131

      APPLICANT  COUNSEL:  STEWART J. ALEXANDER

      SSN   HEARING DESIRED:  Yes


_________________________________________________________________

APPLICANT REQUESTS:

Reinstatement to active duty and retroactive promotion to the grade of
lieutenant colonel.

_________________________________________________________________

RESUME OF CASE:

In an application, dated   , the applicant requested reinstatement  to
active duty and retroactive  promotion  to  the  grade  of  lieutenant
colonel.  On    , the Board considered and denied  his  requests  (see
Exhibit I).

On   , counsel for the applicant provided additional documentation and
requested reconsideration of applicant’s case (see Exhibit J).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice.  We  have  reviewed  the
entire  application  and  the  additional   documentation   submitted.
However,  we  are  unpersuaded  that  a  revision   of   the   earlier
determination  in  this  case  is  warranted.   In  coming   to   this
conclusion, we again reviewed the rationale provided by the Air  Force
and noted the prior statements provided by  the  applicant.   However,
after reviewing all the documentation and  supporting  statements,  in
our view, the applicant has failed to sustain his burden that  he  has
suffered either an error or an injustice.  We note that on 30 Oct  97,
the applicant’s senior rater stated that the PRF he  rendered  on  the
applicant was fair and just and that it capsulated his intent to  have
the applicant promoted to the grade of lieutenant colonel.  In view of
this statement and the senior rater’s prior  statement  of  31 Mar  93
wherein he stated that  he  felt  confident  that  the  applicant  was
provided every opportunity to fairly compete in the promotion process,
in our estimation, the selection boards  in  question  had  sufficient
records  pertaining  to  the  applicant’s  performance  and  promotion
potential in order to make reasonable  determinations  concerning  his
promotability and we find no violation of  any  regulatory  provisions
regarding promotion processing errors.  Therefore, we  again  find  no
compelling basis to recommend granting the relief sought.

2.    The documentation provided with this case was sufficient to give
the Board a clear understanding of the issues involved and a  personal
appearance, with or without counsel, would not have  materially  added
to that understanding.  Therefore, the request for a  hearing  is  not
favorably considered.

_________________________________________________________________

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 12 July 1999, under the provisions of  Air  Force
Instruction 36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Ms. Sophia A. Clark, Member
                  Mr. Jackson A. Hauslein, Member

The following documentary evidence was considered:

     Exhibit I.  ROP, dated 27 Mar 98, w/atchs.
     Exhibit J.  Letter fr counsel, dated 7 Apr 99, w/atchs.




                                   RICHARD A. PETERSON
                                   Panel Chair

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