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AF | BCMR | CY1999 | 9703586b
Original file (9703586b.doc) Auto-classification: Approved

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


IN THE MATTER OF:      DOCKET NUMBER: 97-03586

            COUNSEL:  None

            HEARING DESIRED:  No


_________________________________________________________________

RESUME OF CASE:

On 21 July 1998, the Board considered applicant’s request that  the  Officer
Performance Report (OPR), closing 19 July 1996, be removed from his  records
and he be considered for promotion to the grade of  lieutenant  colonel   by
Special Selection Board (SSB) for the Calendar Year  1997C  (CY97C)  Central
Lieutenant  Colonel  Selection  Board.  The  Board  noted   the   supportive
statement from the rater of the contested report;  however,  the  Board  did
not believe it supported a finding that the contested report  was  in  error
or unjust (Exhibits A through E).

In a letter, dated  22  October  1998,  the  applicant  provided  additional
evidence (i.e., statement from rater  of  contested  report)  and  requested
reconsideration of his appeal.

On 17 December 1998, the  Board  reconsidered  and  denied  the  application
(Exhibit F).

In a letter, dated 15 May 1999, the applicant provides  additional  evidence
(i.e., statement from additional rater) and requests reconsideration of  his
appeal.  Applicant’s complete submission is attached at Exhibit G.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

Insufficient  relevant  evidence  has  been  presented  to  demonstrate  the
existence of probable error or injustice.  After  thoroughly  reviewing  the
evidence of record and the additional documentation submitted by  applicant,
a majority of the Board is not persuaded the contested OPR is  in  error  or
unjust.  The statement from the additional rater of the contested report  is
duly noted; however, a majority of the Board does not  find  this  statement
sufficient to support removal of the contested report.  A  majority  of  the
Board notes  that  while  the  additional  rater  supports  the  applicant’s
supplemental promotion consideration, he does not address  the  accuracy  of
the report. In the absence of evidence substantiating the  contested  report
is in error or unjust,a majority of the Board finds no compelling  basis  to
recommend granting the relief sought in this application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 20 September 1999, under the provisions of AFI 36-2603:

                  Mr. David W. Mulgrew, Panel Chair
                  Mr. Terry A. Yonkers, Member
                  Mr. Joseph G. Diamond, Member

By majority vote, the Board recommended  denial  of  the  application.   Mr.
Yonkers voted to correct the records but does not wish to submit a  minority
report.  The following documentary evidence was considered:

      Exhibits A through E.  Record of Proceedings, dated 22 Sep 98,
                          w/atchs.
      Exhibit F.  Letter,  Applicant, dated 22 Oct 98, w/atch.
      Exhibit G.  Letter,  Applicant, dated 15 May 99, w/atchs.




                                   DAVID W. MULGREW
                                   Panel Chair




MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                 FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:    AFBCMR Application of

      I have carefully considered all aspects of this case and do not
agree with the opinion of the majority of the panel that the applicant’s
request for removal of the Officer Performance Report (OPR) closing 16
July 1996 should be denied.

      I am persuaded by the statements of support from the rater and the
additional rater.  The rater, an Army officer, indicated that he lacked
an understanding of the Air Force evaluation system and received poor
guidance regarding the preparation of the report and its impact.  As a
result, he failed to underscore a series of accomplishments by the
applicant that significantly improved the readiness of a four-star
unified command at MacDill AFB and its area of responsibility.  The
additional rater stated he had no disagreement with the rater’s
assertions, and that the applicant was an excellent officer and member of
the USCENTCOM team during the period in question.

      Based on the above, and noting the applicant’s overall record of
performance, I believe the benefit of any doubt concerning the accuracy
and fairness of the contested report should be resolved in the
applicant’s favor.  Therefore, I agree with the minority member of the
panel and direct that the contested report be declared void and removed
from the applicant’s record.  Further, he should receive consideration
for promotion to the grade of lieutenant colonel by a Special Selection
Board for all boards for which the contested report was a matter of
record.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

AFBCMR 97-03586




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116), it is directed
that:

      The pertinent military records of the Department of the Air Force
relating to, be corrected to show that the AF Form 707A, Field Grade
Officer Performance Report, rendered for the period 20 July 1995 through
19 July 1996, be, and hereby is, declared void and removed from his
records.

      It is further directed that he be considered for promotion to the
grade of lieutenant colonel by Special Selection Board for the CY97C (21
July 1997) and any subsequent boards for which the contested report was a
matter of record.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


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