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AF | BCMR | CY2000 | 9802344A
Original file (9802344A.doc) Auto-classification: Denied

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


IN THE MATTER OF:                       DOCKET NUMBER:  98-02344
                                        INDEX CODE:  100.00,128.00

      xxxxxxxxxxxxxxxx            COUNSEL: NONE

      xxxxxxxxxxx                       HEARING DESIRED:  NO


_________________________________________________________________

RESUME OF CASE:

On 15 September 1999, the Board considered and  denied  applicant’s  request
for (1) he be released from his  PALACE  CHASE  contract  and  permitted  to
resign from the Air Force; and (2) the  Air  Force  pay  him  $2,326.90.   A
complete copy of the Record of Proceedings, with  attachments,  is  attached
at attachment 1 with Exhibits A thru H.

In a letter dated 14 November 1999, applicant requests reconsideration.   He
also requests that the Board remove a Letter of Admonishment (LOA) from  his
record.

The applicant states that his first Palace  Chase  application  was  not  in
July but in May 1997.  The acting hospital commander  refused  to  sign  his
application on the grounds that he was  a  subject  of  a  command  directed
investigation.  It was when the investigation concluded that he was  allowed
to proceed with his application.  He states that unlike his  commanders,  he
followed the letter of the law regarding truthful  testimony  and  following
approved procedures.  When his request for an early discharge was denied  he
served his remaining time and received an honorable discharge.

On  1  April  1999,  he  received  a  letter  from   xxxxxxxxxxxxxxxxxxxxxxx
indicating that they had received adverse information  from  the  Department
of the Air Force.  He states that this letter was a direct  retaliation  for
filing an Inspector General (IG) complaint in  which  he  was  found  to  be
guilty of improper  solicitation.   He  was  prevented  from  consulting  on
patients, subjected to a series  of  professional  embarrassments  and  lost
considerable income because his colleagues referred fewer patients  to  him.
This was financially and professionally  detrimental  to  his  career.   The
amount of money that he allegedly owes the Air Force pales in comparison  to
the financial and professional damage that he suffered because  of  reckless
and egregious actions.

He states that he was promised that  information  regarding  the  LOA  would
never be apart of his permanent record and that all records of it  would  be
removed after one year.  The fact that the Inspector  General  was  able  to
locate these records after one year proves that the Air Force  defaulted  on
its original promise to him (Exhibit I).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1. Insufficient relevant evidence has  been  presented  to  demonstrate  the
existence of probable error or injustice warranting  his  release  from  his
Palace Chase contract and resignation from the Air Force; and the Air  Force
pay him $2,326.90.  After reviewing applicant’s  prior  submission  and  his
additional documentation, we are not persuaded that applicant’s records  are
in error or unjust.  On 8 May 1997, he  signed  a  memorandum  acknowledging
that he was subject to recoupment of a portion of his education  assistance,
special pay or bonus money received.  Applicant states that  he  signed  the
application under duress and false pretenses.  In a memo  dated  28  October
1997, applicant requested an earlier date of  separation  (DOS);  he  stated
that “My flight commander, said that he could not  permit  two  neurologists
from the same facility to separate at the same time.  When he  was  informed
that the package should move  forward,  he  asked  if  I  would  voluntarily
withdraw my package.  I declined to do so.”   The  Palace  Chase  separation
complies with directives in effect at the time of his  release.   Therefore,
in the absence of evidence to the contrary, we find no compelling  basis  to
recommend granting the relief sought in this application.

2.  Insufficient relevant evidence has also been  presented  to  demonstrate
the existence of probable error  or  injustice  warranting  removal  of  the
letter of admonishment (LOA) from his record.  Applicant  contends  that  he
was promised that documentation relating to the LOA would never  be  a  part
of his permanent record.   According to the Inspector General’s (IG)  Record
of  Investigation  (ROI),  applicant  received  an  LOA  on   4 June   1997.
According to the governing Air Force Instruction (AFI) and   the  Air  Force
Manual (AFM), if a member receives an LOA,  it  is  filed  in  the  member’s
Personnel Information File (PIF).  Once the member  transfers  or  separates
from the Air Force, the PIF is either given to the individual or  destroyed.
 The Board notes that on 1 February 1998,  the  applicant  transferred  from
the Air Force to the  xxxxxxxxxxxxxxxxxxxxxxxxxxx.   In  this  respect,  the
Board has no reason to believe that the LOA still exists and this is a  moot
issue. Therefore, in the absence of evidence to the  contrary,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.


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 17 April 2000, under the provisions of AFI 36-2603:

                 Mr. Oscar A. Goldfarb, Panel Chair
                Mr. Lawrence R. Leehy, Member
                 Mr. E. David Hoard, Member

The following documentary evidence was considered:

   Exhibit H.  Record of Proceedings, dated 15 Sep 99, w/atchs.
   Exhibit I.  Letter, Applicant, dated 14 Nov 99, w/atchs.




                                OSCAR A. GOLDFARB
                                Panel Chair

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