ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00395
INDEX CODE: 111.01, 111.05,
131.01
XXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: Yes
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, she asks that her
Officer Performance Report (OPR) for the period 8 Jun 03 through 4 Jun
04 be removed from her records and she be given Special Selection
Board (SSB) consideration for the Calendar Year 2004A (CY04A) Colonel
Selection Board.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on extended active duty in the
grade of lieutenant colonel (LTC), with a date of rank of 1 Jan 00.
She was considered but not selected for promotion to the grade of
colonel by the CY04A selection board, which convened on 6 Dec 04. The
overall recommendation on her Promotion Recommendation Form (PRF) was
“Promote.”
On 14 Jul 05, the AFBCMR considered and denied the applicant’s request
for voidance of her 4 Jun 04 OPR and consideration by an SSB for the
CY04A selection board. For an accounting of the facts and
circumstances surrounding the case and the rationale of the earlier
decision by the Board, see the Record of Proceedings (ROP) at Exhibit
F.
The applicant has provided additional evidence showing she did attempt
to get a supporting statement from the additional rater in Oct 04;
however, he refused to respond. She did not realize the significance
of her effort and his refusal to respond until she read the Board’s
comment in its conclusions about input from the additional rater. She
again attempted to obtain a statement on 22 Aug 05, but the additional
rater again refused to respond. She believes he obviously has no
intention of admitting to any wrongdoing. She contends the disparity
between the additional rater’s concurrence on the OPR and his comments
on the PRF, together with his subsequent refusals to respond, make it
reasonable to conclude he regretted concurring with the rater and did
all he was willing to do to atone in the PRF. She believes the
additional rater is “between a rock and a hard place” and she feels
she should not pressure a general officer in this position. She
believes going to the IG or Congress would be self-defeating. She has
received another OPR and suffered another nonselection for promotion
to colonel. She requests the Board reconsider her application and
give her the benefit of the doubt.
The applicant’s complete submission is at Exhibit G.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After a thorough review of the evidence of record and applicant’s
submission, we are not persuaded she has been the victim of either an
error or an injustice. We acknowledge the applicant’s attempts to
obtain a statement from the additional rater and that, for whatever
reason, he did not respond. The applicant’s contentions as to why the
additional rater did not provide a supporting statement may have some
grounds but are fundamentally speculative. Other than her continued
assertions of wrongdoing on the part of her rater and additional
rater, she has not presented convincing evidence to support voiding
the contested OPR. The rater clearly stated that his “failure” to
stratify was not an oversight but a conscious decision. She has not
established to our satisfaction that the report in question is an
error or an injustice. In view of the above and absent persuasive
evidence to the contrary, we find no compelling basis on which to
overturn the Board’s earlier determination that this appeal should be
denied.
The documentation provided with this case was sufficient to give the
Board a clear understanding of the issues involved and a personal
appearance, with or without legal counsel, would not have materially
added to that understanding. Therefore, the request for a hearing is
not favorably considered.
_________________________________________________________________
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 this application in
Executive Session on 5 April 2006, under the provisions of AFI 36-
2603:
Ms. Kathleen F. Graham, Panel Chair
Ms. Sharon B. Seymour, Member
Ms. Barbara R. Murray, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2005-00395 was considered:
Exhibit F. ROP, dated 1 Aug 05, w/atchs.
Exhibit G. Applicant's Letter, dated 7 Feb 06, w/atchs.
KATHLEEN F. GRAHAM
Panel Chair
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