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AF | BCMR | CY1999 | BC-1993-02848A
Original file (BC-1993-02848A.doc) Auto-classification: Denied

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


IN THE MATTER OF:      DOCKET NUMBER:  93-02848
            INDEX CODES:  111.01, 131.00

            COUNSEL:

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Officer Effectiveness Reports (OERs) for the  periods  closing  16
Jul 83 and 16 Jul 85 be declared void and removed from her records.

She be given  promotion  consideration  to  the  grade  of  lieutenant
colonel by Special Selection Board (SSB) for the  Calendar  Year  1990
(CY90) Lieutenant Colonel Board and all subsequent selection boards.

By amendment, she be retroactively promoted to the grade of lieutenant
colonel as of 1989 and awarded back pay and allowances and credit  for
time in grade pay, promotion, and retirement purposes.
_________________________________________________________________

RESUME OF THE CASE:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is a former Regular Air Force officer  who  retired
for length of service, effective 1 Feb 98, in the grade of major.  She
was credited with 20 years and 23 days of active duty service.

On 26 Jul 94, the Board considered and rejected as untimely a  similar
appeal by the applicant (see AFBCMR 93-02848, with Exhibits A  through
F).

_________________________________________________________________

APPLICANT CONTENDS THAT:

She has provided new evidence which supports her contention  that  the
contested OERs were flawed and unjust.  The current evaluation  system
would have protected her against the injustices of these  OERs.   She,
unfortunately, was the  victim  of  an  outdated  system.   For  these
reasons alone, the OERs should be removed from her records.

She is occasionally offended by the “race card” thrown about to  point
out injustices in the Air Force.  Unfortunately, at this time,  it  is
hard to comprehend why, given her outstanding performance,  there  was
any reason  other  than  racially  motivated  discrimination  for  the
downgrade.

In support of her appeal, the applicant provided statements  from  the
rater and  additional  rater  of  the  OER  closing  16  Jul  85,  the
additional rater of the OER closing 16 Jul  83  (also  the  additional
rater of the OER closing 16 Jul 85), and  other  documents  associated
with the matter under review.

Applicant’s complete submission is at Exhibit G.

Counsel further requested that, given  the  egregious  nature  of  the
wrong done, the applicant be  promoted  to  the  grade  of  lieutenant
colonel as of 1989 and awarded back pay and allowances and credit  for
time in grade for pay, promotion and retirements purposes.   According
to counsel, this is a case where  the  Board  can  void  an  insidious
injustice (Exhibit H).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  In earlier findings, we determined  that  there  was  insufficient
evidence to warrant any corrective action  regarding  the  applicant’s
request that her OERs closing 16 Jul 83 and 16 Jul 85 be removed  from
her records, and she be given  SSB  consideration.   Accordingly,  her
appeal  was  rejected  as  untimely.   The  applicant   now   requests
reconsideration of her appeal.   In  addition  to  the  aforementioned
requests, she is also requesting that she be retroactively promoted to
the  grade  of  lieutenant  colonel.   The  applicant’s  most   recent
submissions has been reviewed and a majority of the Board  finds  them
insufficient to  warrant  any  corrective  action.   While  the  Board
majority noted the statements provided by members of her rating chain,
the Board majority was not persuaded that the contested  reports  were
not accurate depictions of her  performance  at  the  time  they  were
rendered.  In the Board  majority’s  view,  the  statements  from  the
evaluators  represent  their  retrospective   judgments,   which   are
insufficient bases to find the reports were inaccurate when originally
prepared.  Therefore, in view of the above,  and  in  the  absence  of
sufficient evidence to the contrary, a majority of the Board finds  no
compelling basis to recommend  granting  the  relief  sought  in  this
appeal.

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   issues   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the  panel  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 5 Jan 99, under the provisions of AFI 36-2603:

      Mr. Benedict A. Kausal IV, Panel Chair
      Mr. Patrick R. Wheeler, Member
      Mrs. Margaret A. Zook, Member

By a majority vote, the Board voted to deny the requests.  Mr. Wheeler
voted to grant the applicant’s request that her OER closing 16 Jul  93
be removed from her records but did not desire to  submit  a  minority
report.  The following additional documentary evidence was considered:

    Exhibit G.  Letter, applicant, dated 21 Oct 96, w/atchs.
    Exhibit H.  Letter, counsel, dated 7 Jul 97, w/atchs.




                                   BENEDICT A. KAUSAL IV
                                   Panel Chair




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