ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-02051
INDEX CODE: 131.01
COUNSEL: DAVID R. DANIELS
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, he requests promotion to
the Reserve grade of major and award of the Air Force Commendation Medal.
_________________________________________________________________
STATEMENT OF FACTS:
On 13 November 2001, the applicant’s request that he be promoted to the
Reserve grade of Major was considered and denied by the Air Force Board for
Correction of Military Records (AFBCMR), see the Record of Proceedings at
Exhibits A-D.
Through counsel, applicant provided additional evidence in the form of his
officer performance reports, medical records, and proposed recommendation
for award of the Air Force Commendation Medal. He resubmits his original
request for promotion to major and in the alternative, that he be awarded
the Air Force Commendation Medal. The applicant’s complete submission is
at Exhibit E.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. In his most recent submissions, the
applicant argues that his apparent non-participation during the 1994/1995
timeframe was caused by a medical condition ultimately found to have
occurred in the line of duty and should in no way have been held
detrimental to his promotion potential. He believes there is evidence to
support his assertion that the selection board was unaware of the complete
history of his medical profile and given the competition for promotion, it
is evident that his relative non-participation was held against him.
Several months prior to the convening dates of selection boards, each
officer eligible for promotion consideration is afforded the opportunity to
provide a letter to the selection board president. As previously
indicated, the applicant provided a letter to the selection board
mentioning a medical profile; however, this information was already
contained in the selection folder and it provided no new evidence to the
board. After carefully reviewing the information provided by applicant and
the evidence of record, we find no documentation available to demonstrate
the applicant was not given fair and equitable consideration. Furthermore,
and more importantly, we have seen no evidence which would lead us to
believe that the applicant’s records was so inaccurate or misleading that
the duly constituted selection boards, applying the complete promotion
criteria, were precluded from rendering a reasonable decision concerning
his promotability in comparison to his peers. In view of the foregoing,
and in the absence of evidence to the contrary, we find no compelling basis
to recommend favorable consideration on the applicant’s request for direct
promotion to the Reserve grade of major. We also considered his request
for the Air Force Commendation Medal (AFCM); however, he has not provided
sufficient documentation that would lead us to believe that he should be
awarded the AFCM. We noted the draft recommendation provided by the
applicant. However, he has not provided statements from his chain of
command indicating that the recommendation was ever placed into official
channels. Absent evidence to the contrary, it is our opinion that the
applicant has not been the victim of an error or injustice. Therefore,
based on the available evidence, we find no basis to recommend granting the
applicant’s request.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the 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 AFBCMR Docket Number 01-02051
in Executive Session on 31 January 2003, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Vice Chair
Ms. Carolyn B. Willis, Member
Mr. Philip Sheuerman, Member
The following documentary evidence was considered:
Exhibit E. Record of Proceedings, dated 13 November 2001,
with Exhibits.
Exhibit F. Applicant’s letter, dated 15 January 2002, with
attachments.
THOMAS S. MARKIEWICZ
Vice Chair
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