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


IN THE MATTER OF:      DOCKET NUMBER: BC-1990-01087

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

1.    He receive  24  months  of  Air  Force  Medical  Service  Corps  (MSC)
constructive service credit (CSC) for his  Masters  Degree  in  Health  Care
Administration.

2.    The  Officer  Effectiveness  Report  (OER)  closing  28 May  1988,  be
amended to include the indorsement of Lieutenant General B---.

3.    The Officer Performance Report (OPR)  closing  28  November  1989,  be
amended to reflect a closing date of 18 October 1990.

4.    The OPR closing 20 June 1994, be amended by  changing  the  statement,
“Returned to MG with trepidation, but has met the challenge and  is  leading
Medical Logistics  to  a  new  level,”  to  “Assumed  duties,  has  met  the
challenge and is leading Medical Logistics to a new level.”

5.    His Officer Selection Brief (OSB) be corrected  to  reflect  the  duty
title, “Commander, Contingency Hospital,” effective 31 October 1995.

6.    He be directly promoted to the  grade  of  lieutenant  colonel  as  if
selected by the Calendar Year 1995A  Central  Lieutenant  Colonel  Selection
Board, or in the alternative, his date of rank (DOR) to major be changed  to
1 April 1999.

7.    The letter, dated 6 June 1996, be removed from his records.

8.    The Referral OPRs closing out 1 April 1996 and 23  November  1996,  be
removed from his records.

9.    The Promotion Recommendation Forms (PRFs) prepared for  the  CY96  and
CY97 central selection boards be removed from his records.

10.   His promotion nonselections by the CY97A,  CY98A,  and  CY99B  Central
Lieutenant Colonel Selection Boards be set aside.

11.   The OPR closing out 29 April 1997, be amended to reflect a start  date
of 2 April 1996.

12.   The AF Forms 77, Supplemental Evaluation Sheets,  dated  26 May  1994,
29 July 1998, and 30 April 1999, be removed from his records.

13.   His records reflect that  he  completed  Intermediate  Service  School
(ISS) and other appropriate Professional Military Education  (PME)  required
for promotion to the grade of lieutenant colonel.

14.         His records reflect a “yes” statement  under  “Board  Certified”
entry recently added to MSC Officer Selection Briefs (OSBs).

15.   His records reflect a minimum “7” level score rating for MSC  hospital
administrators.

16.   All AFPC agencies be directed to remove adverse  “digest  files”  they
are currently maintaining on him.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He has been the victim  of  reprisal,  command  influence,  and  harassment.
Throughout all of the adverse actions  taken  against  him,  he  has  always
proven his innocence.

He states, in  part,  that  officials  at  ****  contacted  ****  and  other
officials to build a case against him.  In addition, he was held beyond  his
original 12-month tour, which would have only required one  OPR,  to  permit
additional time for officials to further support discharge action.

He did not refuse to cooperate with authorities, but rather simply asked  to
speak to an attorney,  and  agreed  to  provide,  through  his  attorney,  a
written statement.

He went before a Board of Inquiry  (BOI)  and  an  Administrative  Discharge
Board  (ADB)  that  was  comprised  of  members  who  worked  for  the  same
commander.

There is no evidence to substantiate the erroneous statement on the AF  Form
77, dated 29 July 1998, that his rebuttal  comments  were  reviewed.   Since
his responses to the referral OPRs were lost by AFPC,  he  has  been  denied
his due process rights.  In addition, AFPC modified the reports three  years
after they were either lost or  became  a  matter  of  record,  without  his
knowledge or ability to comment.

Applicant’s complete submissions,  with  attachments,  are  at  Exhibits  AA
through FF.

_________________________________________________________________

STATEMENT OF FACTS:

On  18  February  1980,  the  applicant  obtained  his  Masters  of   Public
Administration degree from the *****, and on 21 December 1986, obtained  his
Masters of Health Administration degree from ****.

He entered extended active duty on 4 October 1987 in the grade  of  captain,
and received 8 years, 2 months,  and  6  days  constructive  service  credit
(CSC).

In an application, dated 15 February 1990, he requested the following:

      a.    The PRF prepared for the CY89 major board be amended in  Section
IV, Promotion Recommendation, by adding the  statement,  “Promote  to  major
this board,” and amended in Section IX, Overall  Recombination,  to  reflect
“Definitely Promote.”

      b.    The AF Form 77, closing out 3 October 1987 be declared void,  or
in the alternative, it be amended to explain that he was  on  inactive  duty
completing his health law degree studies at **** Law School.

      c.    He be awarded 18-months of CSC based on his Doctor’s degree  and
brought on active duty in the grade of major.

      d.    The letters explaining his U.S. Navy assignments and  efficiency
ratings be made a permanent part of his Officer Selection Folder.

      e.    The OER, closing 28 May 1988, be amended in  Section  VI,  Rater
Comments, by  replacing  the  last  sentence  with,  “He  has  the  greatest
potential of any MSC I have known, and is ready for promotion to  Major  now
and is well in advance of contemporaries.”

      f.    The OER, closing 28  May  1988,  be  amended  in  Section  VIII,
Indorser Comments, by adding the following:

            “Captain **** is an exceptional  performer  and  proven  leader,
hospital administrator, and manager.  His accomplishments include  improving
the hospital’s weight control program, reorganization of the  Administrative
Services  Office  for  more  efficiency,  and  subsequently   receiving   an
outstanding dormitory rating from the Inspector General.  Capt  ****  serves
as the **** representative for  the  Air  Force  Association.   He  improved
membership in the association by 50 percent.  He is clearly  among  the  top
few percent Medical Service Corps officers within the ****.  He is ready  to
assume a hospital administrator’s position.  He is clearly ready  to  assume
the grade of Major well in advance of contemporaries.”

      g.    He be retroactively  promoted  to  the  grade  of  major  as  if
selected by the CY87 (if constructive service  credit  is  granted)  or  the
CY89 Major Board,  and  given  a  date  or  rank  that  will  give  him  the
opportunity to build up his military record to enable him  to  compete  with
his contemporaries for promotion to the grade of lieutenant colonel.

      h.     His  most  recent  duty/performance  history  be  corrected  by
deleting the 4 June 1990 entry.

      i.    The OPR, closing 18 October 1990, be removed  from  his  records
and replaced with the letter, dated 8 November 1990.

      j.    Any and all documents  and  references  to  an  Article  15,  be
removed from his records.

       k.     His  Senior  Medical  Service  Corps   Badge   be   reinstated
retroactive to 26 April 1990.

      l.    Appropriate relief and administrative or  legal  action  against
his raters in accordance with the Military Whistleblowers Protection Act.

      m.    The PRF prepared for the CY91 major board be  removed  from  his
records.

      n.    The findings of  the  Article  138  and  Department  of  Defense
investigations be amended by voiding the discussion section  of  the  report
which contradicts the Report of Inquiry (ROI) officer’s recommendations.

      o.    He be able to compete for promotion to the grade  of  lieutenant
colonel with his contemporaries in 1999.

      p.    Should the AFBCMR recommend denial of the  above  requests,  his
separation date be established 6-months after he is notified of the  Board’s
decision.

On 20 April 1994, the AFBCMR considered his requests  and  found  sufficient
evidence  to  partially  grant  his  requests  and  directed  the  following
corrections to his records:

      a.    The letters explaining his U.S. Navy assignments and  efficiency
ratings be inserted in his Officer Selection Folder.

      b.    The OER, closing 28 May 1988, be amended in  Section  VI,  Rater
Comments, by  replacing  the  last  sentence  with,  “He  has  the  greatest
potential of any MSC I have known, and is ready for promotion to  Major  now
and is well in advance of contemporaries.”

      c.    His record, to include the OPR, closing  28  November  1989,  be
considered by SSB for the CY89 major board.

      d.    On 26 April 1990, he was  awarded  the  Senior  Medical  Service
Corps Badge.

      e.    His Officer Selection Brief (OSB) be corrected by  deleting  the
4 June 1990 entry.

      f.    The Article 15, UCMJ, imposed on  16  August  1990,  be  removed
from his records and all rights, privileges and property  of  which  he  may
have been deprived be restored.

      g.    The OPR, closing 18 October 1990, be removed from his records.

      h.    The PRF prepared for the CY91 major board be  removed  from  his
records.

      i.    An AF Form 77 be rendered for the period  1  June  1991  through
the date he is reassigned in his Air Force Specialty Code (AFSC),  with  the
comment, “Capt **** has been out of his career field, in the  best  interest
of the Air Force.”

      j.    He was not considered for promotion to the  grade  of  major  by
the CY93 major board.

      k.    He be considered for promotion  by  SSBs  for  the  CY90,  CY91,
CY92, and CY93 major boards.  However, the Board  denied  the  remainder  of
his requests.  A complete copy of the Record of Proceedings  is  at  Exhibit
R.

He was considered by SSB and selected for promotion to the  grade  of  major
by the CY89 Maj Board, effective and with a date of rank (DOR)  of  1  April
1991.

On 24 February 1994, the Department of Defense  Inspector  General  (DoD/IG)
completed its investigation of his 1990 complaint of reprisal, finding  that
no personnel actions were taken in reprisal for his protected disclosure.

On 1 June 1995, he assumed command and was removed from the position  on  23
September 1995.

On 30 November 1995, the commander advised  him  of  his  intent  to  impose
nonjudicial punishment under Article 15 of  the  Uniform  Code  of  Military
Justice (UCMJ) for entertaining a woman,  not  his  wife,  in  his  quarters
overnight and for wrongfully impeding an  investigation.   After  consulting
with counsel, on 15 December 1995, he demanded  a  trial  by  court-martial.
On 6 February 1996, the commander  determined  that  nonjudicial  punishment
was not appropriate and terminated the proceedings.

He was considered and not selected  for  promotion  by  the  CY95  and  CY96
Central Lieutenant Colonel Selection Boards.

He received a Letter of  Reprimand  (LOR)  on  21  March  1996  for  showing
complete disregard for his commanding officer.

He  received  an  LOR  on  6  February  1996  for  creating  an  unfavorable
impression by permitting a woman to remain  overnight  in  his  quarters  on
numerous occasions and impeding the Investigating Officer’s  (IO’s)  attempt
to interview the woman.

On 10 April 1996, he was notified of  his  commander’s  intent  to  initiate
action under Air Force  Instruction  (AFI)  36-3206  for  repeated  acts  of
serious misconduct and for intentional neglect  or  intentional  failure  to
perform his duties.

On 14 June 1996, he received an LOR for absenting himself from an  executive
staff meeting.

From 9 through 12 September 1996, an Administrative  Discharge  Board  (ADB)
convened under the  provisions  of  AFI  36-3206  and  determined  that  the
applicant should  be  retained  as  an  officer.   The  ADB  determined  the
following:

      a.    During the summer months of  1995,  the  applicant  permitted  a
woman, not his wife,  to  remain  in  his  quarters  overnight  on  multiple
occasions.

      b.    On or about 12 August  1995,  an  assault  involving  a  foreign
national occurred in his quarters.

       c.     On  or  about  20  September  1995,  he  did  not  impede   an
investigating officer’s attempt to interview the same woman  that  he  spent
the night in his  government  quarters  on  multiple  occasions  during  the
summer months and who was present at the scene of a serious assault.

      d.    On or about 18 March  1996,  he  showed  disrespect  toward  his
commanding  officer,  in  the  presence  of  another  superior  commissioned
officer, by sitting with his legs crossed, his  foot  level  with  the  desk
top, and pointed towards the door, close to where your commander stood.

      e.    On or about  19  March  1996,  he  showed  disrespect  when  his
commanding officer entered his office by speaking  to  the  commander  in  a
contemptuous manner,  in  the  presence  of  another  superior  commissioned
officer, and by failing to rise.

      f.    From on or about late September 1995 to 22 March  1996,  he  did
not fail to perform his assigned duties properly.

      g.    He should be retained in the Air Force.

On 23 September and 14 November  1996,  the  AFBCMR  considered  applicant’s
request for promotion  to  the  grade  of  lieutenant  colonel  through  the
corrections  of  records  process.   The  Board  denied  his   request   for
promotion; however, in view of the fact that the applicant did  not  have  a
sufficient record established as a major to compete  for  promotion  to  the
grade of lieutenant colonel, the Board did set aside his  nonselections  for
promotion to the grade of lieutenant colonel by the CY95  and  CY96  boards.
A complete copy of the Addendum to Record of Proceedings is at Exhibit Z.

In  a  letter,  dated  4  February  1998,   the   Commander   USA   Criminal
Investigations Command, advised him that the investigations  concerning  his
conduct resulted in investigative findings of “unfounded.”

He was considered and not selected for promotion by the  CY97A,  CY98A,  and
CY99B Central Lieutenant Colonel Selection Boards.

He retired on 1 November 2002.

A resume of his performance reports, since 1988, follows:

     PERIOD ENDING            EVALUATION OF POTENTIAL

     * 28 May 88                       1-1
       28 Nov 88                        MS
       22 Jan 88                Training Report (TR)
       28 May 89                        MS
       28 Nov 89                        MS
       19 Oct 90                Removed by AFBCMR
(1 June 91 - 21 Sep 93)      AF Fm 77: “Applicant was out of
      his career field in the best
            interest of The Air Force”
     * 20 Jun 94                        MS
        1 Apr 95                        MS
     *  1 Apr 96 (Referral)             MS
     * 23 Nov 96                        MS
     * 29 Apr 97                        MS
       29 Apr 98                        MS
       29 Apr 99                        MS
       29 Apr 00                        MS
       29 Apr 01                        MS
       22 Jan 02                        MS

* Contested reports

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPAMF2, recommends denial of his request for  24  months  of  CSC,  and
states, in part that the applicant is not entitled to CSC  for  his  masters
degree in Health Care Administration because he was on extended active  duty
with the Army during the period the degree was awarded.  He was awarded  CSC
based on all qualifying education and prior service he had at  the  time  he
entered the Air Force.  However, he is not entitled to CSC for  his  Masters
in Health Care Administration because periods of qualification  are  counted
only once and he was on EAD with the Army during the period the  degree  was
awarded and received CSC for this period.  He was awarded 18 months CSC  for
his Masters in Public Administration and 18 months time was subtracted  from
his United States Army Reserve (USAR) time.

The AFPC/DPAMF2 evaluation is at Exhibit II.

AFPC/DPPAOR states, in part, that if the AFBCMR determines the applicant  is
entitled to the additional CSC, they will adjust his DOR accordingly.

The AFPC/DPPAOR evaluation is at Exhibit JJ.

AFPC/DPPPA, is not opposed to the AFBCMR recommending the applicant  receive
SSB consideration by the CY97A  and  CY98B  Boards  since  AFPC/DPPPEP  will
administratively remove the contested  documents  from  his  OSR.   However,
they recommend denial of the remainder of his request, and state,  in  part,
the following:

      a.    His request to add a general officer  indorsement  to  the  OPR,
closing out 28 May 1988, was fully  discussed  in  their  previous  advisory
opinion.  Although the applicant has included an additional  statement  from
the general officer in support of his request, there is no support from  the
final evaluator.  Therefore, they do not support  his  request  to  add  the
additional indorsement to the report.

      b.    They stand by their original recommendation and do  not  believe
the AF Form 77, dated 26 May 1994, should be removed from his  record.   The
applicant has not provided any new evidence to support his request.

      c.    In regards to his request to change  the  closing  date  of  the
OPR, closing 18 October 1990, to terminate the gap in his records,  they  do
not believe it would be in the best interest of the majority  of  the  force
to allow an individual to choose the manner  in  which  corrections  to  the
records are made.  While he is entitled  to  his  opinion,  it  is  strictly
supposition on his part.  The statement on the AF Form 77 is not  viewed  in
a negative light by promotion boards  or  SSBs.   Numerous  applicants  have
been promoted by SSBs with AF Forms 77 in their records.

      d.    It is inappropriate to alter his grade from captain to major  on
the OPRs, closing out from 9 August 1991 through 20 June  1994,  because  at
the time the reports were written, he was evaluated  as  a  captain,  not  a
major or even major select.  The proper procedure to correct the grade on  a
report rendered to an individual who is retroactively promoted is to  add  a
statement  to  the  margin  of  the  report  to  indicate  that  he/she  was
retroactively promoted to that specific grade prior to the date  the  report
was rendered.  They have no objection to having this statement added to  the
margins of the contested reports.

      e.    There is insufficient evidence to warrant his  direct  promotion
to the grade of  lieutenant  colonel.   An  officer  may  be  qualified  for
promotion, but, in  the  judgment  of  a  selection  board  --  vested  with
discretionary authority to make the selections -- he may  not  be  the  best
qualified of those available for the limited number of promotion  vacancies.
 Absent clear-cut evidence that he would have been a selectee by  the  CY95A
board,  they  believe  a  duly  constituted  board  applying  the   complete
promotion criteria is in the  most  advantageous  position  to  render  this
vital determination.  They continue  to  believe  the  practice  of  sending
cases to SSBs is the fairest and best practice.   In  the  past,  the  Board
considered direct promotion only in  the  most  extraordinary  circumstances
where SSB consideration has been deemed to be totally unworkable.   They  do
not believe the applicant’s case falls into that category.

      f.    Although he provides statements from the  rater  and  additional
rater of the OPR, closing out 20 June 1994, in support  of  his  request  to
amend the report, he  did  not  provide  any  information/support  from  the
reviewer.  As such, they are opposed to the  Board  changing  the  contested
statement.

The AFPC/DPPPA evaluation is at Exhibit KK.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Since he was held out of his career field  from  1990  until  1994  and  was
denied an appropriate position in  his  career  field  from  September  1995
until January 1997, he is unable to  compete  with  his  contemporaries  for
objective board consideration as an Air Force  Hospital  Administrator.   An
AF Form 77 indicating that he has been held out of his career  field  during
these  periods  will  not  make  him  whole  or  provide  complete   relief.
Furthermore, SSB consideration will not fully explain the fact that  he  was
held  out  of  his  career  field.    By   setting   aside   his   promotion
nonselections, removing the AF Form 77 that indicates that he has been  held
out of his career field, and changing his DOR  to  the  grade  of  major  to
1 April 1997, the Board can provide him an opportunity to build a record  as
a major, prior to competing for promotion.  His request to  amend  the  OPR,
closing out 20 June 1994, is supported by the rater  and  additional  rater.
Based on the additional 24-months CSC he was granted by AFPC  for  a  Master
of Health Administration degree, he should receive 24-months of CSC and  his
DOR to the grade of major adjusted to 1 April 1997.

Based on the changes to his record, he should be promoted to  the  grade  of
lieutenant colonel as if selected by the CY95A board.  In  the  alternative,
the Board could directly promote him with a current DOR  of  1  April  1999,
which would permit him to build a record as a lieutenant colonel to  compete
for promotion to colonel.

The applicant’s complete responses, with attachments,  are  at  Exhibits  OO
through XX.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or
regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice to warrant  removing  the  OPRs,  closing  1
April and 23 November 1996, from the applicant’s records and  providing  him
promotion consideration to the grade of lieutenant colonel by an  SSB.   The
evidence of record indicates that the applicant filed  a  45-page  response,
with 110 enclosures to the referral  report,  closing  1  April  1996.   His
complete response was returned to his Military Personnel Flight (MPF) to  be
condensed to ten pages in accordance with AFI  36-2401,  Correcting  Officer
and Enlisted Evaluation Reports,  prior  to  being  filed  in  his  records.
However, a copy of his response was not filed in his Unit  Personnel  Record
Group (UPRG) and his Major Command (MAJCOM) selection record.   Supplemental
Evaluation Sheets, AF Forms 77, were  attached  to  the  reports  indicating
that the additional rater  reviewed  his  rebuttal;  however,  the  rebuttal
documentation was lost during processing.  In  addition,  the  letter  which
was attached to his response to the OPR, closing 1 April 1996, was filed  in
his  records.   AFPC  has   indicated   they   are   in   the   process   of
administratively removing these documents and are not opposed  to  providing
him SSB consideration for the P0597A and P0598B central boards.   We  agree.
However, our decision is in no way based on  a  finding  that  the  referral
reports  are  in  error  or  unjust.   To  the   contrary,   we   base   our
recommendation on the finding that since the applicant’s  responses  to  the
referral reports were lost during processing and we cannot  reconstruct  the
referral report procedures (i.e., reviewing official’s  review  of  original
responses), as a matter of equity, we  recommend  the  reports  be  declared
void and removed from his records.   Furthermore,  since  the  reports  were
matters of record at the time of his promotion consideration by  the  P0597A
and  P0698B  selection  boards,  we  also  recommend  he  receive  promotion
consideration by SSB for these selection boards.   Therefore,  we  recommend
the applicant’s records be corrected to the extent indicated below.

4.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice to warrant favorable  consideration  of  the
remainder of his requests.  In this respect, we note the following:

      a.    The applicant is not entitled to CSC for his master’s degree  in
Health Care Administration because he was on extended active duty  with  the
Army during the period the degree was awarded and periods  of  qualification
are counted only once.  He received CSC  for  his  Masters  in  Health  Care
Administration while on EAD with the Army and he received 24 months  of  MSC
CSC for his Masters Degree in Health Care Administration.  He  has  provided
no evidence to indicate that he was not given proper  CSC  at  the  time  he
entered the Air Force.

      b.    After  reviewing  the  additional  statement  from  the  general
officer, we are not persuaded that the OER, closing 28 May 1988,  should  be
amended  to  include  his  indorsement.   While  he  supports   adding   his
indorsement to the report, the  applicant  has  not  provided  a  supporting
statement from the final evaluator.  In the absence  of  such  evidence,  we
have no way to determine why the current indorser chose  to  close  out  the
report at his level.

      c.    While the rater and additional rater support amending  the  OPR,
closing 20 June 1994, the applicant has not provided a  statement  from  the
reviewer of the report  supporting  this  request.   As  such,  we  are  not
persuaded the report is in error or unjust.

       d.     Since  the  commander  removed  him  from  his   position   on
23 September 1995, there is no basis to change his OSB to reflect this  duty
title, effective 31 October 1995.

      e.    The circumstances of his case are not  extraordinary  enough  to
warrant his direct promotion to the grade  of  lieutenant  colonel  and  the
recommended relief will provide him an opportunity to compete for  promotion
with his contemporaries.  Over the  years  the  AFBCMR  has  gone  to  great
lengths to remove all errors and injustices from  his  records,  to  include
SSB consideration.  He contends the gap in his performance reports  impacted
negatively on his ability to  fairly  compete  for  promotion.   Performance
reports  are  but  one   factor   used   during   promotion   consideration.
Outstanding strengths are needed throughout the  record.   In  this  regard,
the Board observes that officers  compete  for  promotion  under  the  whole
person concept whereby many factors  are  carefully  assessed  by  selection
boards.  In the absence of clear-cut evidence that  he  would  have  been  a
selectee for promotion, we find no basis upon which to recommend his  direct
promotion to the grade of lieutenant colonel or adjusting his DOR to major.

      f.    We are not persuaded the PRFs prepared for  the  CY96  and  CY97
central selection boards are in error or unjust.  The comments contained  in
the PRFs are supported by the evidence of record (i.e., the ADB  found  that
he did permit a woman, not his wife, to remain in his quarters overnight  on
multiple occasions and the  assault  in  his  quarters  did  occur,  he  was
removed from his command for cause, and he was disrespectful to  a  superior
officer).  As such, we find no  basis  upon  which  to  recommend  favorable
consideration of his request to void the PRFs.

      g.    In view of  our  above  findings,  and  since  he  will  receive
promotion consideration by an SSB, his request to set  aside  his  promotion
nonselections by the CY97A, CY98A,  and  CY99B  Central  Lieutenant  Colonel
Selection Boards, is moot.

      h.    There is no evidence of an error or injustice  with  respect  to
the closing dates of the OPRs, closing 28 November 1989,  18  October  1990,
and 29 April 1997.  The  periods  of  the  reports  accurately  reflect  the
period during which it was actually rendered.  In the  absence  of  evidence
to indicate the periods of the contested reports are inaccurate, we find  no
basis to warrant changing them.  Furthermore, he provides no  evidence  that
the contested statement on the AF Form 77 is viewed in a negative  light  by
promotion boards or SSBs.  As indicated by AFPC,  numerous  applicants  have
been promoted by SSBs with AF Forms 77 in their records.

      i.    There  is  no  evidence  to  indicate  that  he  was  denied  an
opportunity  to  complete  appropriate  PME,  either  in  residence  or   by
correspondence.  In view of this, and since he did not complete ISS,  we  do
not believe his records should be corrected to reflect otherwise.

            j.   We find no basis to correct his OSB to  reflect  his  board
certification.   While  he  contends  that  he   met   board   certification
requirements in 1998, he provides no evidence to support this contention.

      k.    He has not met his  burden  of  establishing  that  his  records
should  reflect  a  minimum  “7”  level  score  rating  for   MSC   hospital
administrators, nor provided any  evidence  regarding  the  adverse  “digest
files” he alleges are maintained on him at AFPC.

5.  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 issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that:

      a.    The Field  Grade  Officer  Performance  Report,  AF  Form  707A,
rendered for the period 2 April 1995 through 1 April 1996, be declared  void
and removed from his records.

      b.    The Company Grade Officer  Performance  Report,  AF  Form  707B,
rendered for the period 2 April 1996 through 24 November 1996,  be  declared
void and removed from his records.

It is further recommended  that  his  corrected  record  be  considered  for
promotion to the grade of lieutenant colonel  by  Special  Selection  Boards
for the Calendar Year 1997A, 1998A,  and  1999B  Central  Colonel  Selection
Boards.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-1990-01087
in Executive Session on 9 October 2003, under  the  provisions  of  AFI  36-
2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. Charles E. Bennett, Member
                       Mr. Vaughn R. Schlunz, Member

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

    Exhibit Z.  2nd Addendum ROP, dated 20 Nov 96, w/atchs.
    Exhibit AA.  Letter, Applicant, dated 7 Nov 96.
    Exhibit BB.  Letter, Applicant, dated 19 Dec 97, w/atch.
    Exhibit CC.  Letter, Applicant, dated 7 Apr 98, w/atch.
    Exhibit DD.  Letter, Applicant, dated 1 May 98, w/atch.
    Exhibit EE.  Letter, Applicant, dated 8 May 98, w/atchs.
    Exhibit FF.  Letter, Applicant, dated 12 May 98, w/atchs.
    Exhibit GG.  Letter, AFBCMR, dated 19 Oct 98.
    Exhibit HH.  Letter, Applicant, dated 23 Oct 98.
    Exhibit II.  Letter, AFPC/DPAMF2, dated 17 Dec 98, w/atch.
    Exhibit JJ.  Letter, AFPC/DPPAOR, dated 8 Jan 99.
    Exhibit KK.  Letter, AFPC/DPPPA, dated 5 Feb 99.
    Exhibit LL.  Letter, SAF/MIBR, dated 12 Apr 99.
    Exhibit MM.  Letter, Applicant, dated 14 Apr 99.
    Exhibit NN.  Letter, SAF/MIBR, dated 19 Apr 99.
    Exhibit OO.  Letter, Applicant, dated 12 May 99.
    Exhibit PP.  Letter, Applicant, dated 30 Jun 99.
    Exhibit QQ.  Letter, Applicant, dated 16 Jul 99, w/atchs.
    Exhibit RR.  Letter, Applicant, dated 4 Sep 99, w/atchs.
    Exhibit SS.  Letter, Applicant, dated 19 Jan 00, w/atch.
    Exhibit TT.  Letter, Applicant, dated 24 Jul 00.
    Exhibit UU.  Letter, Applicant, dated 12 Feb 01.

    Exhibit VV.  Letter, Applicant, dated 25 May 01, w/atchs.
    Exhibit WW.  Letter, Applicant, dated 15 Jan 02.
    Exhibit XX.  Letter, Applicant, dated 10 Oct 02.




                                   THOMAS S. MARKIEWICZ
                                   Chair

AFBCMR BC-1990-01087




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.   The Field Grade Officer Performance Report, AF Form 707A,
rendered for the period 2 April 1995 through 1 April 1996, be, and hereby
is, declared void and removed from his records.

            b.   The Company Grade Officer Performance Report, AF Form
707B, rendered for the period 2 April 1996 through 24 November 1996, be,
and hereby is, declared void and removed from his records.

      It is further directed that his corrected record be considered for
promotion to the grade of lieutenant colonel by Special Selection Boards
for the Calendar Year 1997A, 1998A, and 1999B Central Colonel Selection
Boards.









JOE G. LINEBERGER

Director

Air Force Review Boards Agency