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AF | BCMR | CY1999 | 9701449
Original file (9701449.doc) Auto-classification: Denied

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

IN THE MATTER OF:      DOCKET NUMBER:  97-01449
                             INDEX CODE:  131.01
                             COUNSEL:  GUY J. FERRANTE

                             HEARING DESIRED:  YES

____________________________________________________________

RESUME OF CASE

In an application dated  1  March  1997,  applicant  requested  that  he  be
considered for promotion to the  grade  of  lieutenant  colonel  by  Special
Selection  Board  (SSB)  for  the  Calendar  Year  1994A   (CY94A)   Central
Lieutenant Colonel Board and his Promotion  Recommendation  Form  (PRF)  for
the CY94A Lieutenant Colonel Board be replaced with a reaccomplished PRF.

On 10 June 1998, the  Board  considered  and  granted  the  portion  of  the
applicant's application requesting that he be considered  for  promotion  to
the grade of lieutenant colonel by SSB for the CY94A selection  board.   The
Board  found  insufficient  relevant  evidence   had   been   presented   to
demonstrate  the  existence  of  probable  error  or  injustice   warranting
replacement of the PRF for the CY94A board.  A complete copy of  the  Record
of Proceedings is attached at Exhibit H.

On  1  December  1998,  counsel  for  the  applicant  submitted   additional
documentation and requested reconsideration of the application.  A  complete
copy of the request, with attachments, is attached at Exhibit I.   the  case
was reopened.  (Exhibit I).

____________________________________________________________

THE BOARD CONCLUDES THAT:

1.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.  This Board previously  considered
applicant’s request to have  his  contested  PRF,  prepared  for  the  CY94A
lieutenant colonel selection, be voided and replaced with  a  reaccomplished
PRF.  The statements from the senior  rater  and  the  MLEB  president  were
noted; however, since these individuals were aware that applicant  had  been
nominated for the award of the Lance P.  Sijan  USAF  Leadership  Award,  we
were not persuaded the contested PRF should be replaced.  Another  statement
has been submitted from the MLEB  president,  indicating  that  he  was  not
aware of applicant’s winning the Lance P. Sijan  Award  at  RAF  Mildenhall.
After  reviewing  the  evidence  of  record,  to  include   the   additional
documentation submitted, we still are not persuaded that the  contested  PRF
should be voided  and  replaced  with  a  reaccomplished  PRF.   Applicant’s
records reviewed by these individuals contained information  that  applicant
was nominated for the award; and, had they  believed  that  this  nomination
should have been included on the PRF they would have done so at  that  time.
The senior rater was the  reviewing  official  on  the  Officer  Performance
Report  (OPR)  closing  11  September  1993,  which  documents   applicant’s
nomination.  Surely, if he believed that this information was important,  he
would have included  it  on  the  contested  PRF.   In  view  of  our  above
determination, we again find no basis  upon  which  to  recommend  favorable
action on the relief requested.

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 issue(s) involved.  Therefore,  the  request
for a hearing is not favorably considered.

___________________________________________________________

DECISION OF THE BOARD:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable material error or injustice;  that  the  applicant
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 20 April 1999, under the provisions of AFI 36-2603:

                 Ms. Martha Maust, Panel Chair
                 Mr. Gregory H. Petkoff, Member
                 Mr. Michael P. Higgins, Member
                 Ms. Phyllis L. Spence, Examiner (without vote)

The following documentary evidence was considered:

      Exhibit H. ROP, dated 27 August 1998, w/atchs.
      Exhibit I. Counsel's letter, dated 1 December 1998,
                       w/atchs.



                             MARTHA MAUST
                             Panel Chair

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