ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 97-00559, Case 3
COUNSEL: STEVEN A. CHILIAN
HEARING DESIRED: YES
RESUME OF CASE:
On 23 April 1998, the Board considered applicant’s request that the Officer
Performance Reports (OPRs) closing 31 May 1992 and 31 May 1993 be removed
from his records and he be promoted to the grade of major. The Board found
insufficient evidence of a probable error or injustice and denied the
application (Exhibits A through G).
In a letter, dated 29 May 2000, the applicant provided additional
documentation (i.e., statements from rating officials) and requested
reconsideration of his application (Exhibit H).
THE BOARD CONCLUDES THAT:
1. 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 that all five rating officials of
the contested reports were coerced into rendering inaccurate official
performance reports. The statements provided by the rating officials of the
contested reports are duly noted; however, these statements still do not
provide details concerning the reasons why the commander was biased against
the applicant. The applicant now contends the reports were rendered in
reprisal for his filing an Inspector General (IG) complaint against the
commander. In support of this contention, he provides a statement from Lt
Col L---. However, this statement only indicates that, “…the IG complaint
could have been viewed as a confirming reason not to support [the
applicant’s] career at the time and in the future.” However, a majority of
the Board does not find this statement in, and of itself, sufficient to
warrant removal of the contested reports. Based on a preponderance of the
evidence presented, a majority of the Board is not convinced the contested
reports are in error or unjust. Therefore, in the absence of evidence to
the contrary, a majority of the Board finds no basis upon which to
recommend favorable consideration of his requests.
2. The applicant has been considered for promotion to the grade of major
by Special Selection Boards (SSBs), with a corrected record and was not
selected for promotion. In view of this, and in the absence of evidence
that his records were in error or unjust at the time he was considered for
promotion to the grade of major, we find no basis to direct his promotion
through the correction of records process.
3. 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.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
A majority of the Board finds insufficient evidence of error or injustice
to warrant voiding the contested performance reports and recommends the
application be denied.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 8 November 2000, under the provisions of AFI 36-2603:
Mr. Benedict A. Kausal, IV, Chair
Mr. Henry Romo, Jr., Member
Mr. Gregory H. Petkoff, Member
By majority vote, the Board recommended the applicant’s request to remove
the contested performance reports be denied. Mr. Romo recommended granting
this portion of the application, but does not wish to submit a minority
report. The Board recommended denial of his request for promotion to the
grade of major. The following documentary evidence was considered:
Exhibits A - G. Record of Proceedings, dated 5 Jun 98,
w/atchs.
Exhibit H. Letter, Congressman, dated 25 Sep 96, w/atchs.
BENEDICT A. KAUSAL, IV
Chair
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY
RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of APPLICANT
I have carefully reviewed the evidence of record and the
recommendation of the Board members. A majority found that applicant
had not provided sufficient evidence of error or injustice to warrant
voiding the contested performance reports from the record and
recommended the case be denied. I concur with that finding and their
conclusion that relief is not warranted. Accordingly, I accept their
recommendation that the application be denied.
Please advise the applicant accordingly.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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AF | BCMR | CY1999 | BC-1993-02848A
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