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unfortunately, was the victim of an outdated system.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
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. In addition to the aforementioned requests, she is also requesting that she be...
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