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AF | BCMR | CY2006 | BC-2002-01061-2
Original file (BC-2002-01061-2.doc) Auto-classification: Denied

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

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-01061
            INDEX CODES:  131.00, 136.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  20 APR 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect that he was  continued  on  active
duty until Aug  91,  which  would  enable  him  to  obtain  a  28-year
lieutenant colonel career; or, that he was directly  promoted  to  the
grade of colonel and continued on active  duty  until  Aug  93,  which
would give him a full 30-year career.

_________________________________________________________________

STATEMENT OF FACTS:

On  17  Sep  03,  the  Board  considered  and  denied  an  application
pertaining to the subject applicant, in which he  requested  that  his
records be corrected to reflect he was continued on active duty  until
August 1991; or, he be directly promoted to the grade of  colonel  and
continued on active duty until August 1993.  A complete  copy  of  the
Record of Proceedings, with attachments, is attached at Exhibit I.

By letter, dated 6 Sep 05, the applicant requests  reconsideration  of
his appeal.  In his most recent submission,  the  applicant  indicates
the AFBCMR relied on incomplete and inaccurate advisory opinions  from
the offices of primary responsibilities (OPRs).

Applicant’s complete submission, with attachments, is at Exhibit J.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ USAF/JAA recommends denial  indicating  that  with  regard  to  the
applicant’s reconsideration request in general and each alleged  error
in particular, the applicant has failed  to  submit  newly  discovered
evidence not considered with the previous  application  or  reasonably
available at that  time.   The  essence  of  the  applicant’s  initial
appeal, request for reconsideration, and many assertions of  error  is
that the AFBCMR’s 1983 correction (making him eligible for  successful
competition for promotion  to  lieutenant  colonel)  also  created  an
inherent injustice in that it was difficult for  him  to  compete  for
promotion to colonel.  As was pointed out in one of the advisories  in
the file, consequential  adverse  impact  of  an  AFBCMR  decision  is
something members simply have to accept.  There is no perfect solution
and, in this case, the AFBCMR has made very reasonable and appropriate
decisions based on the evidence before it.

A complete copy of the HQ USAF/JAA evaluation is at Exhibit K.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 7
Dec 05 for review and response within 30 days (Exhibit L).  On 23  Dec
05, the applicant requested that his appeal be  temporarily  withdrawn
(Exhibit M).

Applicant reviewed the  advisory  opinion  and  furnished  a  detailed
response, indicating, in part, that however well meaning, the advisory
opinion does not totally  grasp  his  case  and  erred  often  in  its
analysis.

Applicant’s complete response, with attachment, is at Exhibit O.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

In an earlier finding,  we  determined  that  there  was  insufficient
evidence to warrant  any  corrective  action.   The  applicant’s  most
recent submission was thoroughly reviewed  and  his  contentions  were
duly  noted.   However,  we  did  not  find  his  assertions  and  his
supporting  documentation  sufficiently  persuasive  to  override  the
rationale proffered by HQ USAF/JAA.  Notwithstanding his arguments  to
the contrary, we believe HQ  USAF/JAA  has  adequately  addressed  the
issues  raised  by  the  applicant.   Therefore,  we  agree  with  the
recommendation of HQ USAF/JAA and adopt their rationale as  the  basis
for our decision that the applicant has failed to sustain  his  burden
of establishing he has suffered  either  an  error  or  an  injustice.
Accordingly, we find no compelling basis  to  act  favorably  on  this
appeal.

_________________________________________________________________

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  BC-2002-
01061 in Executive Session on 27 Jun 06, under the provisions  of  AFI
36-2603:

      Mr. Charles E. Bennett, Panel Chair
      Mr. Richard K. Hartley, Member
      Ms. Josephine L. Davis, Member

The following additional documentary evidence was considered:

    Exhibit I.  Record of Proceedings, dated 29 Sep 03, w/atchs.
    Exhibit J.  Letter, applicant, dated 6 Sep 05, w/atchs.
    Exhibit K.  Letter, HQ USAF, dated 29 Nov 05.
    Exhibit L.  Letter, AFBCMR, dated 7 Dec 05.
    Exhibit M.  Letter, applicant, dated 23 Dec 05.
    Exhibit N.  Letter, AFBCMR, dated 17 Jan 06.
    Exhibit O.  Letter, applicant, dated 30 Jan 06, w/atch.




                                   CHARLES E. BENNETT
                                   Panel Chair

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