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AF | BCMR | CY2003 | BC-1994-00337B
Original file (BC-1994-00337B.doc) Auto-classification: Approved

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


IN THE MATTER OF:      DOCKET NUMBER:  94-00337

            COUNSEL:  NONE

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

In an application dated 19 January 1994, applicant requested that  his
Officer Effectiveness Report (OER) for  the  period  9  November  1974
through 30 April 1975, be upgraded to 9.4; or in the alternative,  the
contested report be declared void and removed  from  his  records  and
that he be considered for promotion to  the  grade  of  colonel  by  a
Special Selection Board for the Calendar Year  1993A  (CY93A)  Central
Colonel Board.
_________________________________________________________________

STATEMENT OF FACTS:

On 6 October 1994, the Board considered  and  denied  the  applicant’s
request on the basis of timeliness.  In a  letter  dated  28  February
1996, the applicant submitted additional documentation  and  requested
his case be reconsidered and that it be decided on the merits.   On  2
August 1996, the Board considered and  denied  his  request.   For  an
accounting of the facts and circumstances  surrounding  these  appeals
and  the  Board’s  earlier  findings,  see  the  Addendum  Record   of
Proceedings which is attached at Exhibit M.

On 30 October 2002, the applicant wrote the Assistant Secretary of the
Air Force (Manpower and Reserve Affairs) requesting that he personally
review the case, and the actions and decisions of the Air Force  Board
for  Correction  of  Military  Records  (AFBCMR).   He  asks  for  the
Assistant Secretary’s help in “making right” a serious injustice  that
he suffered as a result of one Air Force officer and by the failure of
the AFBCMR (Exhibit N).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    Given the clear-cut evidence of impropriety on the part  of  the
applicant’s commander, we  have  a  moral  obligation  to  reopen  the
applicant’s case for reconsideration on our own motion notwithstanding
the absence of new relevant evidence.

2.     After  thoroughly  reviewing  the   applicant’s   letter,   the
supporting documentation, and the complete case file, we are persuaded
that the contested OER is  unjust  and  should  be  removed  from  his
records.  In this respect, the applicant clearly has  the  support  of
his entire rating chain, to include the squadron commander  with  whom
he had a personality conflict, and who was  the  individual  directing
the contested OER be downgraded.  It is apparent  that  the  contested
OER was not an accurate  assessment  of  the  applicant’s  performance
during the time period in question.   Although  there  is  no  way  to
conclusively determine whether or not  the  contested  report  had  an
adverse impact on the applicant’s chance of selection for promotion to
the grade of colonel, the  applicant  has  an  inherent  right  to  be
considered for promotion on a fair and equitable  basis.   Since  this
was not done because of the improper actions of his squadron commander
at the time, it is our opinion that the  contested  report  should  be
declared void.  Since the tainted report was a matter of record at the
time he was considered for promotion to  the  grade  of  colonel,  his
corrected record should be reconsidered for promotion to the grade  of
colonel, and this we so recommend.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that  the  Company  Grade
Officer Effectiveness Report (OER), AF  Form  77,  rendered  for  the
period 9 November 1974 through 30 April 1975, be  declared  void  and
removed from his records.

It is further recommended that he be considered for promotion to  the
grade of colonel by a Special Selection Board for the  Calendar  Year
1993A Central Colonel Board and for all subsequent boards  for  which
the OER was a matter of record.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 27 January 2003, under the provisions of AFI  36-
2603:

            Ms. Cathlynn Sparks, Panel Chair
            Mr. Thomas S. Markiewicz, Member
            Mr. Charles E. Bennett, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence pertaining to AFBCMR Docket Number  94-
00337 was considered:

      Exhibit M. Addendum ROP, dated 15 Aug 96, atchs.
      Exhibit N. Applicant's Letter, dated 30 Oct 02, w/atchs.




            CATHLYNN SPARKS
            Panel Chair




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 XXXXXX,XXXXX  be corrected to show that the Company
Grade Officer Effectiveness Report (OER), AF Form 77, rendered for
the period 9 November 1974 through 30 April 1975, be, and hereby is,
declared void and removed from his records.

      It is further directed that he be considered for promotion to
the grade of colonel by a Special Selection Board for the Calendar
Year 1993A Central Colonel Board and for all boards for which the
above cited OER was a matter of record.




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