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


IN THE MATTER OF:      DOCKET NUMBER:   BC-1988-02856
                                  BC-1995-01061
            INDEX CODE:  131.00
            COUNSEL:  NONE

            HEARING DESIRED:  Yes

______________________________________________________________

APPLICANT REQUESTS THAT:

1.  She be promoted to the grade of lieutenant colonel.

2.  In the alternative, she requests  that  her  record  be  considered  for
promotion to the grade of lieutenant  colonel  by  Special  Selection  Board
(SSB).

______________________________________________________________

STATEMENT OF FACTS:

On 22 Nov 88, the Board considered and granted an appeal  by  the  applicant
that her Officer Effectiveness Reports (OERs) closing 14 Aug 81 and  19  Dec
87  be  declared  void  and  removed  from  her  records.   The  Record   of
Proceedings, with attachments, is at Exhibit H

In a  related  case,  on  23  Oct  96,  the  Board  considered  and  granted
applicant's requests that her Officer Performance Report  (OPR)  closing  10
Apr 92, be amended  to  reflect  a  professional  military  education  (PME)
recommendation of Senior Service  School  (SSS)  vice  Intermediate  Service
School (ISS); her Officer Selection Brief (OSB) be amended to reflect  award
of the Meritorious Service Medal (MSM) second oak leaf cluster  (2OLC);  and
she receive consideration for promotion to the grade of  lieutenant  colonel
by SSB for the Calendar Year  1994A  (CY94A)  lieutenant  colonel  selection
board.  The Record of Proceedings, with attachments, is at Exhibit I.

On 6 Oct 98, the Board considered and denied applicants request that she  be
promoted to the grade of lieutenant colonel; or in the alternative,  the  AF
Form 77, Supplemental Evaluation Sheet, which replaced the two voided  OERs,
be altered to inform the promotion boards of the reason for the  removal  of
the reports and she be considered by Special  Selection  Board  (SSB).   The
applicant asserted that she was placed at  an  unfair  disadvantage  by  the
absence of the two OERs from her selection.  The Addendum to the  Record  of
Proceedings, with attachments, is at Exhibit Q.

On 17 Aug 99, the Board reconsidered  and  denied  applicant's  request  for
reconsideration of the 6  Oct  98  decision.   In  further  support  of  her
request for reconsideration, she provided letters  of  support  from  senior
Air Force officers and  documentation  pertaining  to  the  selection  board
results.   The  Second  Addendum  to  the  Record   of   Proceedings,   with
attachments, is at Exhibit S.

On 8 Aug 00, the Board reconsidered and partially  granted  the  applicant's
request for reconsideration  of  her  case.   In  support  of  her  request,
applicant provided letters of support from her  former  supervisor  and  the
Board President of the CY94 SSB.  The Board directed that she be  considered
for promotion to the grade of lieutenant colonel by SSB for  the  CY94A  and
CY96C lieutenant colonel selection boards and  provided  an  opportunity  to
provide letters to the board presidents on  her  behalf.   Her  request  for
direct  promotion  was  denied.   The  Third  Addendum  to  the  Record   of
Proceedings, with attachments, is at Exhibit Y.

On 7 Nov 01, the Board again reconsidered and denied her request for  direct
promotion to the grade of lieutenant colonel.  In support  of  her  request,
the applicant provided a personal statement, letters  of  support  from  her
former and current commanders, and additional documentation related  to  the
issue under review.  The Fourth Addendum to the Record of Proceedings,  with
attachments, is at Exhibit AA.

On 19 May 03, the applicant  provided  additional  documentation  and  again
asks for reconsideration of her request for direct promotion  to  the  grade
of lieutenant  colonel.   Applicant  states  that  although  the  Board  has
previously considered  her  requests  on  several  occasions,  she  and  her
superiors  believe  that  she  has  never  received   fair   and   equitable
consideration for promotion.  Applicant further states  that  if  the  Board
does  not  find  direct  promotion  appropriate,  she  then  asks  for   SSB
consideration for the 1994  through  1997  promotion  boards  based  on  the
Berkley v. US court decision, which addressed a section  of  the  Memorandum
of Instruction (MOI) that was presented to the selection boards.

In support of her request she provided a personal  statement,  a  letter  of
support from her current supervisor, a copy of an email  communication,  and
a copy of the Berkley v. US court decision.  Her complete  submission,  with
attachments, is at Exhibit BB.

______________________________________________________________

THE BOARD CONCLUDES THAT:

1.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or injustice warranting her promotion to the grade  of
lieutenant  colonel  through  the  correction  of  records  process.   After
reviewing  the  prior  Board  decisions  and  the  additional  documentation
provided, we still are not persuaded that  the  applicant  has  been  denied
fair and equitable consideration for promotion to the  grade  of  lieutenant
colonel.  We are not doubting applicant’s  ability  to  serve  in  the  next
higher grade; however, without evidence showing that  she  has  been  denied
fair consideration for promotion through Air Force promotion process, we  do
not believe that she should be granted a direct promotion.  To do  otherwise
would be totally  unfair  to  the  thousands  of  other  officers  similarly
situated.
 
2.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence  of  an  injustice  warranting  Special  Selection   Board   (SSB)
consideration for promotion to the grade of lieutenant colonel by  the  CY97
selection board.  Applicant was considered and not  selected  for  promotion
by the CY94 and CY96 Central Lieutenant  Colonel  Selection  Boards.   These
boards contained the MOI verbiage, which  the  court  in  the  Berkley  case
questioned.  However, based on a prior  Board  decision,  in  January  2001,
applicant’s record, to include a revised  MOI,  received  SSB  consideration
for  the  CY94  and  CY96  selection  boards  and  she  was  not   selected.
Therefore, the only board in question concerning the  MOI  in  question,  is
the CY97 selection board.  In view of the court’s  findings  and  since  the
Air Force is not appealing that decision, we recommend she be  provided  SSB
consideration for the CY97 selection board.  The MOIs  provided  to  central
selection boards convened after 1997 did not contain the contested verbiage

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that she be considered  for  promotion  to
the grade of lieutenant colonel by Special Selection Board for the  Calendar
Year 1997C Central Lieutenant Colonel Selection Board

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-19995-
01061 in Executive Session on 30 May 03, under the  provisions  of  AFI  36-
2603:

      Mr. Charles E. Bennett, Panel Chair
      Mr. Steven A. Shaw, Member
      Mr. Michael K. Gallogly, Member

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

   Exhibit BB.  Applicant's Submission, dated 27 Mar 03.
   Exhibit H.  Record of Proceedings, dated 2 Dec 88.
   Exhibit I.  Record of Proceedings, dated 23 Oct 96.
   Exhibit Q.  Addendum to Record of Proceedings, dated 8 Dec 98.
   Exhibit S.  2nd Addendum to Record of Proceedings,
               dated 17 Aug 99, w/atchs.
   Exhibit Y.  3rd Addendum to Record of Proceedings,
               dated 8 Aug 00.
   Exhibit AA.  4th Addendum to Record of Proceedings,
                dated 7 Nov 01, w/atchs.



                             CHARLES E. BENNETT
                                             Panel Chair
AFBCMR BC-1995-01061, BC-1988-02856

MEMORANDUM FOR   THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF
                   MILITARY RECORDS (AFBCMR)

SUBJECT:    AFBCMR

      I have carefully reviewed all of the circumstances of the applicant’s
case and do not agree with the panel that the applicant’s request for a
Secretarial promotion to the grade of lieutenant colonel should be denied.

      Based on prior findings of the Board, the applicant’s records have
been corrected by removing two performance reports, corrections to another
report, correction to her officer selection brief and consideration for
promotion to the grade of lieutenant colonel by Special Selection Boards
(SSBs).  She was considered and not selected for promotion.  In her current
request, the panel again finds that her records, based on an inappropriate
Memorandum of Instruction (MOI), should be considered by SSB.  I agree that
an SSB is in the most advantageous position to determine an officer’s
qualifications for promotion.  In this case, however, an SSB would not have
access to the information surrounding the numerous corrections made to her
record and the statements from a senior Air Force officer, indicating that
the applicant cannot be provided fair and equitable consideration for
promotion through the promotion board process.  This senior official states
that the he is very familiar with the circumstances surrounding the removal
of the two OPRs; that in each instance there was reprisal involved—once for
truthfully answering questions from a special IG team and once for refusing
the sexual advances from her commander.  He also states that he was the
Board President of the SSB that considered the applicant for promotion to
lieutenant colonel for the CY94 selection board.  He states that the board
members had concerns about the voidance of two OPRs from her record; that
he did not discuss the applicant’s record until after the board process;
that when he did discuss her record, they came to the conclusion that she
will never be promoted in the current board processes, even though she
might be deserving of promotion.  Statements from her prior and present
commanders have been provided and each supports her promotion to the grade
of lieutenant colonel.
 
      Based on the above statements, I believe the applicant has been
placed in a unique and unusual position, which distinguishes her case from
the norm and, in my view, warrants extraordinary action if we are going to
afford her full and complete relief.  Considering the circumstances of this
case and noting that the courts have held that correction boards have an
abiding moral sanction to determine, insofar as possible, the true nature
of an alleged injustice and take steps to grant thorough and fitting
relief, I direct that the applicant’s record be corrected to show that she
was selected for promotion to the grade of lieutenant colonel by the CY94A
selection board.





                                  JOE G. LINEBERGER
                                  Director
      Air Force Review Boards Agency


AFBCMR BC-1995-01061, BC-1988-02856




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.  She was considered and selected for promotion to the grade of
lieutenant colonel by the Calendar Year 1994A Central Lieutenant Colonel
Selection Board and upon Senate confirmation, she be provided the
appropriate effective date and date of rank.

      b.  Any nonselections for promotion to the grade of colonel in-the-
primary zone prior to receiving a minimum of two Officer Performance
Reports with at least 250 days of supervision, in the grade of lieutenant
colonel, be, and hereby are, set aside.






                                  JOE G. LINEBERGER
                                  Director
                                  Air Force Review Boards Agency