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


IN THE MATTER OF:      DOCKET NUMBER: BC-1996-02752

            COUNSEL:  GEORGE E. DAY

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

1.    The Officer Performance  Report  (OPR)  closing  31 January  1994,  be
removed from her records.

2.    The Board find that retaliation did  occur  in  the  demotion  of  the
applicant from Instructor Flight Nurse and that this  set  into  motion  the
continuing series of retaliation that resulted in her  separation  from  the
unit.

3.     The  Board  find  the  --th  Aeromedical  Evacuation  Squadron  (AES)
discriminated against her  by  refusing  her  an  overgrade  position  as  a
lieutenant colonel.

4.    She be given credit for each year from  1994  to  1998,  based  on  an
average of her points for the five years prior to her 1994 OPR.

5.    She receive appropriate  pay  for  any  and  all  adjustments  to  her
records.

6.    She be awarded appropriate attorney fees and costs.

_________________________________________________________________

STATEMENT OF FACTS:

On 10 June 1998, the Air Force Board  for  Correction  of  Military  Records
(AFBCMR) considered the applicant’s request  that  the  Officer  Performance
Report (OPR) closing 31 January 1994, be corrected to  reflect  factual  and
thorough  participation  for  the  reporting  period.   The  Board  was  not
persuaded the OPR was an inaccurate assessment  of  her  performance  during
the contested period and denied her  request.   For  an  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  30  May  2003,  the  applicant,  through  her  counsel,
requests reconsideration of her application  and  amended  her  requests  to
include  further  relief,  and  provides  additional   documentation.    The
applicant’s complete submission, with attachments, is at Exhibit H.

_________________________________________________________________

AIR FORCE EVALUATION:

AFRC/DPM recommends the application be denied  and  states,  in  part,  that
while the applicant has provided additional statements from  witnesses,  she
has not provided statements from her rating chain.   Although  she  contends
the contested OPR was rendered  as  retaliation,  the  SAF/IG  reviewed  the
AFRES/IG investigation findings and concluded otherwise.  In view  of  this,
they cannot recommend removal of the OPR  from  her  records  and  no  basis
exists for SSB  consideration.   Furthermore,  since  her  overgrade  waiver
request and  reassignment  to  ARPC  were  in  accordance  with  established
procedures,  her  request  for  pay  and  points  during   her   period   of
nonparticipation should also be denied.

The AFRC/DPM evaluation, with attachments, is at Exhibit J.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant states the rating officials were lockstep  chain  of  command,
which looked the other way and violated rules,  regulations,  and  the  law.
If she could obtain the truth from them she would not need to  come  to  the
AFBCMR.  The obvious disparity  in  her  subsequent  and  prior  performance
reports should speak for itself.  Furthermore, the SAF/IG was  part  of  the
problem in failing to  legitimately  review  the  IG  actions  properly  and
thoroughly.

The applicant’s complete response, with attachment, is at Exhibit L.
_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice to  warrant  removing  the  OPR  closing  31
January 1994, from the  applicant’s  records  and  providing  her  promotion
consideration by a Special Selection Board (SSB) for the  Fiscal  Year  1995
(FY95) Air Force Reserve Colonel Selection Board,  and  for  any  subsequent
board for which the contested OPR was a matter of record.  In this  respect,
the majority of the Board notes the contested report  is  a  deviation  from
her record of outstanding performance and was rendered after  she  filed  an
Inspector General (IG) complaint against her squadron  commander.   Although
her  allegations  of  reprisal  were  investigated  by  the  IG  and   found
unsubstantiated, in view of her otherwise outstanding record of  performance
and given the totality of the evidence of record, the majority of the  Board
recommends her records be corrected to the extent indicated below.

2.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice regarding the  remainder  of  her  requests.
After  a  thorough  review  of  the  evidence  of  record  and   applicant’s
submission, we are not persuaded that  further  relief  should  be  granted.
The applicant’s allegations of reprisal were thoroughly investigated by  the
IG and found unsubstantiated.  In view of this and  given  the  evidence  of
record, we find no compelling basis to recommend granting the  remainder  of
her requests.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that the Field Grade  Officer  Performance
Report (OPR), AF Form 707A, rendered for the period 11  March  1993  through
31 January 1994, be declared void and removed from her records.

It is further recommended that she be considered for promotion to the  grade
of colonel by Special Selection Board for the Fiscal  Year  1995  Air  Force
Reserve Colonel Selection Board, and for any subsequent board for which  the
OPR closing 31 January 1994 was a matter of record.
_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-1996-
02752 in Executive Session on 10 March 2004, under the provisions of AFI 36-
2603:

                  Mr. Gregory H. Petkoff, Panel Chair
                  Ms. Martha A. Maust, Member
                  Ms. Jean A. Reynolds, Member

By  a  majority  vote,  the  members  voted  to  correct  the  records,   as
recommended.  Mr. Petkoff voted to deny the request and did  not  desire  to
submit  a  minority  report.   The  following   documentary   evidence   was
considered:

    Exhibit G.  Record of Proceedings, dated 15 Jul 98, w/atchs.
    Exhibit H.  Letter, Counsel, dated 30 May 03, w/atchs.
    Exhibit I.  Letter, AFBCMR, dated 1 Aug 03.
    Exhibit J.  Letter, AFRC/DPM, dated 16 Sep 03.
    Exhibit K.  Letter, SAF/MRBR dated 3 Oct 03.
    Exhibit L.  Letter, Applicant, dated 21 Oct 03, w/atchs.



                                   GREGORY H. PETKOFF
                                   Panel Chair

AFBCMR BC-1996-02752




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 [applicant], be corrected to show that the Field Grade Officer
Performance Report (OPR), AF Form 707A, rendered for the period 11 March
1993 through 31 January 1994, be, and hereby is, declared void and removed
from her records.

      It is further directed that she be considered for promotion to the
grade of colonel by Special Selection Board for the Fiscal Year 1995 Air
Force Reserve Colonel Selection Board, and for any subsequent board for
which the OPR closing 31 January 1994 was a matter of record.









JOE G. LINEBERGER

Director

Air Force Review Boards Agency