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AF | BCMR | CY2000 | 9700559A
Original file (9700559A.doc) Auto-classification: Denied

                                 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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