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


IN THE MATTER OF:      DOCKET NUMBER:  97-01621
            INDEX CODE:  100, 131, 131.01

            COUNSEL:  None

            HEARING DESIRED:  Yes


_________________________________________________________________

APPLICANT REQUESTS THAT:

1.    Correction of his Officer Selection Brief (OSB) to  reflect  the
correct duty organization, command level, and academic education.

2.    A new Promotion Recommendation Form (PRF)  be  prepared  with  a
Definitely Promote (DP) recommendation.

3.    Direct promotion to the grade of lieutenant colonel with a  date
of rank (DOR) as if he had been selected for promotion by the Calendar
Year (CY95B) Central Lieutenant Colonel Board.

4.    Or, in the alternative, correction of his  OSB  to  reflect  the
correct duty organization, command level, and academic education;  his
PRF be changed to a DP recommendation;  and,  that  he  be  granted  a
Special Selection Board (SSB).

_________________________________________________________________

RESUME OF CASE:

As a result of a previous appeal, on 22 Oct 96, the Board  recommended
the applicant’s records be corrected to reflect that the OSB, prepared
on 7 Oct 94 for consideration by the Calendar  Year  1994A  Lieutenant
Colonel Board, be amended to change  the  5 Jul  94  entry  under  his
Assignment History to read “W/B” under “CMD LVL”  and  “439th  Airlift
Wing” under  “Organization”  and  the  entry  “SQ”  that  follows  the
organization title should read “Wing.”   It  was  further  recommended
that he be considered for promotion to the grade of lieutenant colonel
by SSB for the CY94A (11 Oct 94) Lieutenant Colonel  Board,  with  the
corrected OSB.

A complete copy of the Record of  Proceedings  (ROP)  is  attached  at
Exhibit G.

In an application, dated 22 May 97, applicant requested the following:

1.    Correction of his OSB to reflect the correct duty  organization,
command level, and academic education.

2.    A new PRF be prepared with a DP recommendation.

3.    Direct promotion to the grade of lieutenant colonel with  a  DOR
as if  he  had  been  selected  for  promotion  by  the  CY95  Central
Lieutenant Colonel Board.

4.    Or, in the alternative, correction of his  OSB  to  reflect  the
correct duty organization, command level, and academic education;  his
PRF be changed to a DP recommendation; and, that he be granted an SSB.

On 30 Sep 98, the Board considered and  denied  applicant’s  requests,
concluding that since he received SSB consideration by the CY94A board
with the  corrected  assignment  history  and  was  not  selected  for
promotion, the Board was not persuaded that the same correction  would
enhance his record sufficiently to  warrant  promotion  by  the  CY95B
board.  Therefore, in the  absence  of  clear-cut  evidence  that  the
omission of this information was the basis for his  nonselection,  the
Board agreed with the comments  of  the  Air  Force  and  adopted  the
rationale expressed as the basis that the applicant failed to  sustain
his burden that he suffered either an error or an injustice.

A complete copy of the ROP is attached at Exhibit H.

On  27 Feb  99,  the  applicant  requested  reconsideration   of   his
application and asks that his records be  corrected  to  reflect  both
that he holds an LL.M in  Environmental  Law  from  George  Washington
University and served as the active duty Staff  Judge  Advocate  (SJA)
for the 439th Airlift Wing (AFRES) at  Westover  AFB.   He  asks  that
following these corrections, a new PRF be prepared awarding him  a  DP
recommendation, or at a minimum, that another  board  be  convened  to
consider the corrected record for a DP recommendation, as  the  errors
in  his  record  greatly  reduced  his  chances  of  obtaining  a   DP
recommendation.  He also asks that an SSB be convened to consider  the
corrected record.

In support of his appeal, the applicant provided a statement from  the
Chief, Executive Issues Team, and an  Extract  of  SSB  Questions  and
Answers (see Exhibit I).

The applicant was considered and selected for promotion to  the  grade
of lieutenant colonel by the  CY99A  (19 Apr  99)  Central  Lieutenant
Colonel Board, effective, and with a DOR of 1 Sep 99.

_________________________________________________________________





THE BOARD CONCLUDES THAT:

1.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or  injustice.   After  reviewing  the
statement provided by the Chief, Executive Issues Team, who served  on
the judge advocate panel of the CY95B board, we are persuaded that the
OSB reviewed by the board in question  did  not  reflect  the  factual
information and therefore the applicant was considered  for  promotion
with an inaccurate record.   The  Chief  stated  that  he  recalled  a
discrepancy when he reviewed the applicant’s record while  serving  on
the board.  Specifically, that the Training Report (TR) from the AFIT-
sponsored LL.M program noted that he had “not  completed”  the  course
requirements for the degree-awarding program but it included a comment
that his thesis “should be approved by 30 Nov 92.”  The  Chief  stated
that he specifically remembers checking  applicant’s  OSB  and  noting
that the OSB failed to show that applicant had been awarded  an  LL.M.
Therefore, in view these  statements,  and  in  order  to  offset  any
possibility of an injustice, we recommend  the  OSB  be  corrected  as
indicated below.  Furthermore, since the Board-directed correction  to
the 5 Jul 94 assignment history entry was not accomplished until after
the CY95B board, we again recommend his corrected record  be  provided
promotion consideration to the grade of lieutenant colonel by SSB  for
the CY94A Lieutenant Colonel Board with the recommended changes.

2.    Insufficient relevant evidence has been presented to demonstrate
the  existence  of  probable  error  or  injustice  with   regard   to
applicant’s  request  that  a  new  PRF  be   prepared   with   a   DP
recommendation or that he receive direct promotion  to  the  grade  of
lieutenant colonel with a DOR as if  selected  by  the  CY95B  Central
Lieutenant  Colonel  Board.   Other  than  his  own  assertions,   the
applicant  has  provided  no  evidence  to   substantiate   that   his
performance  record,  as  currently  constructed,  is   erroneous   or
incomplete.  Therefore,  we  have  no  basis  on  which  to  favorably
consider this request.

3.    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 RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

      a.    The OSB, prepared on 7 Oct 94  for  consideration  by  the
CY94A Lieutenant Colonel Board, be amended under Academic Education by
adding “LLM” under “LVL;” “Environmental Law” under “Specialty;”  and,
“George Washington University” under “School.”

      b.    The OSB, prepared on 17 Nov 95 for  consideration  by  the
CY95B Lieutenant Colonel Board, be amended  to  change  the  5 Jul  94
entry under Assignment History to read “W/B” under  “CMD  LVL;”  439th
Airlift Wing under “Organization;” and the entry “SQ” that follows the
organizational title should read “Wing.” and under Academic  Education
by adding “LLM” under “LVL;” “Environmental  Law”  under  “Specialty;”
and, “George Washington University” under “School.”

It is further recommended that he be considered for promotion  to  the
grade of lieutenant colonel by SSB for the CY94A (11 Oct 94) and CY95B
(17 Nov 95) Lieutenant Colonel Boards, with the corrected OSBs.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 13 August 1999, under the provisions of  AFI  36-
2603:

                  Mr. John L. Robuck, Panel Chair
                  Mr. Mike Novel, Member
              Ms. Patricia D. Vestal, Member
              Mrs. Joyce Earley, Examiner (without vote)

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit G.  ROP, dated 22 Nov 96, w/atchs.
     Exhibit H.  ROP, dated 11 Dec 98, w/atchs.
     Exhibit I.  Letter fr applicant, dated 27 Feb 99, w/atchs.




                                   JOHN L. ROBUCK
                                   Panel Chair


INDEX CODE:  100, 131, 131.01

AFBCMR 97-01621




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 APPLICANT be corrected to show that:

            a.    The  Officer  Selection  Brief  (OSB),  prepared  on
7 October 1994 for consideration by the Calendar  Year  1994A  (CY94A)
Lieutenant Colonel Board,  be  amended  under  Academic  Education  by
adding “LLM” under “LVL;” “Environmental Law” under “Specialty;”  and,
“George Washington University” under “School.”

             b.    The  OSB,  prepared   on   17 November   1995   for
consideration by the CY95B Lieutenant Colonel  Board,  be  amended  to
change the 5 Jul 94 entry under Assignment History to read “W/B” under
“CMD LVL;” 439th Airlift Wing under “Organization;” and the entry “SQ”
that follows the organizational title should read  “Wing.”  and  under
Academic Education by adding “LLM” under  “LVL;”  “Environmental  Law”
under “Specialty;” and, “George Washington University” under “School.”

      It is further directed that he be considered  for  promotion  to
the grade of lieutenant colonel by Special  Selection  Board  for  the
CY94A  (11 October  1994)  and  CY95B  (17 November  1995)  Lieutenant
Colonel Boards, with the corrected OSBs.





                                                            JOE     G.
LINEBERGER
                                                         Director
                                                           Air   Force
Review Boards Agency