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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