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AF | BCMR | CY2000 | 9801126
Original file (9801126.doc) Auto-classification: Denied



                                 ADDENDUM TO

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-01126
            INDEX CODE:  111.01

            COUNSEL:  None

            HEARING DESIRED:  Yes


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Airman Performance Report (APR) rendered for the  period  17 May
88 through 7 Mar 89 be declared void and removed  from  his  records
and that he be granted immediate promotion to  the  grade  of  chief
master sergeant.

_________________________________________________________________

RESUME OF CASE:

In an application, dated 20 Apr 98, the applicant requested that his
APRs closing 16 May 88 and 7 Mar 89 be  declared  void  and  removed
from his records.

On 3 Jun 99, the Board granted applicant’s request  for  removal  of
the APR closing 16 May 88 (see Exhibit I).

On 8 Feb 00,  the  applicant  provided  a  four-page  statement  and
requested the Board reconsider removal of the APR closing  7 Mar  89
from his records and grant him immediate promotion to the  grade  of
chief master sergeant (see Exhibit J).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The purpose of his submission is to provide additional evidence that
will justify removal of the APR closing 7 Mar 89  from  his  records
and grant him immediate promotion  to  the  grade  of  chief  master
sergeant.  He states, in  part,  that  he  noted  that  the  Board’s
conclusions   and   recommendations   mirrored   those   found    in
AFPC/DPPPAB’s letter, dated xx xx  xx,  in  which  they  recommended
denial of his submission due to lack of  merit.   He  believes  that
AFPC/DPPPAB’s evaluation fell short because they made no attempt  to
verify official documentation available  to  them  that  proves  the
7 Mar 89  APR  is  invalid  and  inaccurate.   Furthermore,  he  was
disturbed  greatly  by  the  fact  that   AFPC/DPPPAB   offered   no
justification as to why Colonel M----‘s and  Chief  Master  Sergeant
(CMSgt) C----‘s request for removal of the contested  APR  were  not
honored.   Instead  of  facts,   AFPC/DPPPAB   used   opinions   and
assumptions that  appear  to  question  the  mental  competence  and
integrity of Colonel M---- and CMSgt C----, who have been unwavering
in their support of his appeal.  He states that the 7 Mar 89 APR  is
a negative factor against him in any  promotional  process.   He  is
providing  additional  discussion  and  documents  to  validate  his
contention that the 120-day period of supervision  is  not  correct.
He asks the Board to receive the new information and be open  minded
to its contents and not  allow  AFPC/DPPPAB’s  letter  to  influence
their decision in granting him true justice.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.     Insufficient  relevant  evidence  has   been   presented   to
demonstrate the existence of probable error or injustice  warranting
removal of the APR closing 7 Mar 89.  After careful consideration of
applicant’s  request  and  the  most  recent   evidence   submitted,
including the additional statement from the rater of the  report  in
question, we are not sufficiently persuaded that a revision  of  the
earlier determination in regard to  the  APR  closing  7 Mar  89  is
warranted.  In our opinion, the rater was responsible for  assessing
applicant’s  performance  during  the  period  in  question  and  is
presumed to have rendered his evaluation based on his observation of
the applicant’s performance.   There  is  nothing  in  the  evidence
provided to  indicate  that  the  rater  was  unable  to  render  an
independent   assessment    of    the    applicant’s    performance.
Consequently, we do not believe the rater’s statement  substantiates
to our satisfaction that he did not have the required number of days
of supervision as stipulated by Air Force  regulation  or  that  the
contested report closing 7 Mar 89 is inaccurate as written.  To  the
contrary, it appears that the contested report as rendered was based
on applicant’s performance during the time period  and  we  find  no
evidence of an injustice.  In view of  the  foregoing,  the  earlier
decision to deny applicant's request for removal of the 7 Mar 89 APR
is affirmed.

2.    The applicant’s case is adequately documented and it  has  not
been shown that a personal appearance, with or without counsel, will
add to our understanding of the issue(s) involved.   Therefore,  the
request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable material error  or  injustice;
that the application was denied without a personal  appearance;  and
that the application will only be reconsidered upon  the  submission
of newly discovered  relevant  evidence  not  considered  with  this
application.

_________________________________________________________________

The following members of the Board considered  this  application  in
Executive Session on 29 March 2000,  under  the  provisions  of  Air
Force Instruction 36-2603:

                  Ms. Martha Maust, Panel Chair
                  Mr. Clarence D. Long, III, Member
                  Ms. Barbara White-Olson, Member

The following additional documentary evidence was considered:

     Exhibit I.  ROP, dated 9 Jul 99, w/atchs.
     Exhibit J.  Letter fr applicant, dated 8 Feb 00, w/atchs.




                                   MARTHA MAUST
                                   Panel Chair

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