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AF | BCMR | CY2004 | BC-1994-00854A
Original file (BC-1994-00854A.doc) Auto-classification: Denied



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


IN THE MATTER OF:      DOCKET NUMBER:  BC-1994-00854
            INDEX CODE:  111.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

In  the  applicant’s  request   for   reconsideration,   he   requests   the
Education/Training Report, AF Form 475, rendered for the  period  26  August
1988 through 26 January  1989,  and  the  attached  Supplemental  Evaluation
Sheet, AF Form 77, dated 22 June 1989, be declared  void  and  removed  from
his records and he receive Special Selection Board (SSB)  consideration  for
promotion to the grade of colonel for  the  Calendar  Year  CY02B  Selection
Board.

_________________________________________________________________

STATEMENT OF FACTS:

On 22 February 1994, the applicant submitted an  application  to  the  Board
requesting his Education/Training Report, AF  Form  475,  rendered  for  the
period 26 August 1988 through 26 January 1989, and the  attached  Evaluation
Sheet, AF Form 77, dated 22 June 1989, be declared  void  and  removed  from
his records.  On 10 January  1995,  the  Board  considered  and  denied  the
applicant’s request on the basis of timeliness.   A  complete  copy  of  the
Record of Proceedings (ROP) is at Exhibit E.

On 14 October 2003, the applicant submitted a request  for  reconsideration.
He states the referral training report, dated 8 May 1989 is unjust  and  has
not been consistent with his  duty  performance  throughout  his  Air  Force
career and has negatively impacted his selection for  In-Residence  Military
Schools, and any accelerated promotion opportunities.  He further states  he
was serving on a remote assignment for two years in  Saudi  Arabia  and  did
not have access to a fully  operational  Military  Personnel  Flight  (MPF).
His records were stored at his servicing MPF at Ramstein Air Base,  Germany.
 His current senior rater, after reviewing his  records  advised  he  appeal
the decision  of  the  AFBCMR.   He  also  provided  a  statement  from  the
evaluators of the contested reports and from the Vice Commander at  the  Air
Force Space Command (Exhibit F).

_________________________________________________________________




FINDINGS AND CONCLUSIONS OF THE BOARD:

After again reviewing this application and the evidence provided in  support
of the appeal for reconsideration, we are again  not  persuaded  the  record
raises issues of an error or injustice which  requires  resolution  of  this
appeal.  In view of this finding, we find  the  application  was  not  filed
within three years after the alleged error or injustice was  discovered,  or
reasonably could have been discovered, as required by  law.   Therefore,  we
again conclude it would not be in the interest  of  justice  to  excuse  the
untimely filing of the application.

_________________________________________________________________

DECISION OF THE BOARD:

The application was not timely filed and it would not be in the interest  of
justice to waive the  untimeliness.   It  is  the  decision  of  the  Board,
therefore, to reject the application as untimely.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-1994-
00854 in Executive Session on 7 April and 3 May 2004, under  the  provisions
of AFI 36-2603:

                 Mr. Joseph A. Roj, Panel Chair
                 Ms. Rita J. Maldonado, Member
                 Ms. Leslie E. Abbott, Member

The following documentary evidence was considered:

   Exhibit E.  Record of Proceedings, dated 10 January 1995
                 w/atchs.
   Exhibit F.  DD Form 149, dated 14 October 2003, w/atchs.



                                JOSEPH A. ROJ
                                Panel Chair














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