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AF | BCMR | CY2004 | BC-2003-03168A
Original file (BC-2003-03168A.doc) Auto-classification: Denied


                                 ADDENDUM TO


                            RECORD OF PROCEEDINGS

             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03168
            INDEX NUMBER:  111.00

      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  Yes

_______________________________________________________________

APPLICANT REQUESTS THAT:

The Officer Performance Report (OPR) rendered on her for the period  14
Jun 01 through 13 Jun 02 be voided and removed from her records.

_______________________________________________________________

RESUME OF CASE:

On 19 Feb 04, the Board considered and denied the  applicant’s  request
as stated above (Exhibit K).  The applicant was represented by  counsel
who presented her case in a 16-page brief (Exhibit A).

In a 13-page letter with  seven  attachments,  dated  14  Sep  04,  the
applicant requests reconsideration of the Board’s decision (Exhibit L).
 Due to an administrative error, the applicant was mistakenly sent  the
decision documents on a case other than her own.  As such, she believed
the Board did not consider her request  for  a  personal  hearing.   In
fact, the Board did consider her request for a  hearing,  but  did  not
believe it would aid their understanding of the issues involved in  her
case and so denied her request.  The applicant  was  so  advised  in  a
letter forwarding the correct decision documents  (Exhibit  M).   In  a
letter written to her Congressman,  dated  20  Sep  04,  the  applicant
initiated a Congressional Inquiry.  A copy of the letter was  forwarded
to the AFBCMR for response (Exhibit N).  In its  response  through  the
Air Force Legislative Liaison office, the Board summarized the  actions
taken to date in the applicant’s case and advised the  newly  submitted
information would be reviewed for a determination as to whether it  met
the criteria for reconsideration by the Board.

_______________________________________________________________

THE BOARD CONCLUDES THAT:

1.  After reviewing the complete  evidence  of  record  including  that
submitted in support  of  her  request  for  reconsideration  submitted
directly to the Board and through her Congressman, we  have  determined
the applicant’s most recent submissions do  not  provide  relevant  new
evidence warranting reconsideration of the Board’s earlier decision  to
deny the requested relief.  We are unable to comprehend the  connection
the applicant seeks  to  establish  between  her  2002  PRF,  the  FOIA
information she provides and the  contested  OPR.   In  our  view,  the
applicant’s statement to the Board and the letter  to  her  Congressman
simply provide an expanded view of the same  information  submitted  by
her counsel  in  the  original  appeal.   As  such,  the  rationale  we
originally provided for denying this case is still valid.

2.  The applicant’s case is adequately documented and it still has  not
been shown that a personal appearance  with  or  without  counsel  will
materially add to our understanding of the issues involved.  Therefore,
the request for a hearing is still not favorably considered.

_______________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did   not
demonstrate the existence of probable 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  this  application  in
Executive Session on 30 December 2004, under the provisions of AFI  36-
2603:

      Ms. Peggy E. Gordon, Panel Chair
      Mr. James W. Russell, Member
      Ms. Jean A. Reynolds, Member

The following additional documentary evidence was considered:

    Exhibit K.  Record of Proceeding, w/atchs, dated 11 Mar 04.
    Exhibit L.  Letter, Applicant, dated 14 Sep 04, w/atchs.
    Exhibit M.  Letter, AFBCMR, dated 15 Sep 04.
    Exhibit N.  Letter, Applicant, dated 20 Sep 04.




                                   PEGGY E. GORDON
                                   Panel Chair

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