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AF | BCMR | CY2003 | BC-1991-02414A
Original file (BC-1991-02414A.DOC) Auto-classification: Denied

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


IN THE MATTER OF:      DOCKET NUMBER: BC-1991-02414

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Officer Performance Report (OPR),  closing  10  October  1989,  and  the
Recall Assessment Sheet (RAS), dated 13 February 1990, be voided; and he  be
reinstated to active duty.

_________________________________________________________________

STATEMENT OF FACTS:

On 28 January 1992,  the  Board  considered  applicant’s  request  that  the
Officer Performance Report (OPR), closing 10 October 1989,  and  the  Recall
Assessment Sheet (RAS), dated  13  February  1990,  be  voided;  and  he  be
reinstated to active duty.  The Board found insufficient evidence  that  the
contested OPR or the RAS were rendered in violation  of  the  provisions  of
the governing regulations or that they were inaccurate  assessments  of  the
applicant’s performance and potential.  Concerning the  applicant’s  request
for  reinstatement  to  active  duty,  the  Board  found  that  although  an
administrative error  occurred  when  the  applicant  was  not  appointed  a
Reserve officer on the day  following  his  discharge,  this  fact  did  not
warrant a finding that his discharge was erroneous.   In  this  regard,  the
Board noted that his discharge was not a required action, but had its  basis
in his tender of resignation.  For a further accounting  of  the  facts  and
circumstances surrounding the application, and the rationale of the  earlier
decision by the Board, see the Record of Proceedings at Exhibit G.

In a letter, dated 1 August 1995, the  applicant  requested  reconsideration
of his  application  and  provided  additional  documentation  (Exhibit  H);
however, in a letter dated 8 October 1997, he was advised that  his  request
did not meet the criteria for reconsideration by the Board (Exhibit I).

In letters, dated 18 February and  4  March  2003,  the  applicant  requests
reconsideration of his application  and  provides  additional  documentation
that includes a  statement  from  his  former  commander/rater  and  written
documentation of support from his former wing commander.

The applicant’s complete submissions are at Exhibits J and K.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence  of  error  or  injustice.   After  a  thoroughly  reviewing   the
additional documentation submitted by the applicant, we  are  not  persuaded
that relief should be granted.  The statement from the rater and  supporting
documentation from the wing commander are duly noted; however, they  do  not
substantiate that the contested report is an inaccurate  assessment  of  the
applicant’s performance during the period of the report.  While  the  rating
officials indicate they are willing to sign a  reaccomplished  report,  they
do not indicate what is in error or  unjust  in  the  report.   Furthermore,
they do not indicate what information they know now that they did  not  know
at the time the report was rendered.  In regards to the  contested  RAS,  he
does not provide any evidence  to  substantiate  that  it  is  in  error  or
unjust.  Therefore, we find the applicant has failed to sustain  his  burden
that he has suffered either an error or an injustice.   Hence,  we  find  no
compelling basis to disturb the Board’s earlier decision.

2.  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 DETERMINES THAT:

The applicant be notified that the additional  evidence  presented  did  not
demonstrate  the  existence  of  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  Docket  Number  BC-1991-02414
in Executive Session on 21 August 2003, under  the  provisions  of  AFI  36-
2603:

                       Ms. Patricia D. Vestal, Panel Chair
                       Ms. Martha J. Evans, Member
                       Mr. E. David Hoard, Member



The following documentary evidence was considered:

    Exhibit G.  Record of Proceedings, dated 28 Feb 92, w/atchs.
    Exhibit H.  Letter, Applicant, dated 1 Aug 95, w/atchs.
    Exhibit I.  Letter, AFBCMR, dated 8 Oct 97.
    Exhibit J.  Letter, Applicant, dated 18 Feb 03, w/atchs.
    Exhibit K.  Letter, Applicant, dated 4 Mar 03, w/atchs.




                                   PATRICIA D. VESTAL
                                   Panel Chair

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