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AF | BCMR | CY2006 | BC-2005-01533A
Original file (BC-2005-01533A.doc) Auto-classification: Approved

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

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01533
            INDEX NUMBER:  131.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

The referral Officer Performance Report (OPR) rendered  on  him  for
the period 1 Jul 01 through 30 Jun 02 be voided and removed from his
record.

_________________________________________________________________

RESUME OF CASE:

The  Board  previously  denied  the  applicant’s  request  above  in
executive session on 21 Jul 05 and 19 Sep  05  (Exhibit  I).   In  a
letter,  dated  3  May  06  (Exhibit  J),  the  applicant   requests
reconsideration of the  Board’s  earlier  decision.   The  applicant
submits statements from officers and NCOs from his former command he
contends document in detail multiple  instances  of  misconduct  and
perjury on the parts of key witnesses during  the  investigation  of
his case.  The applicant indicates  the  statements  also  show  the
report of investigation previously submitted and considered  by  the
Board  was  “highly  biased”  and  presented  a  negatively   skewed
perspective of the events investigated.  He  also  includes  in  his
submission two letters he claims  were  previously  lost  that  shed
additional light on his case.  The applicant opines that  after  the
Board reviews his new evidence, the letter  written  by  his  former
group commander, and previously reviewed by  the  Board,  supporting
removal of the referral report from his  Air  Force  records  “makes
perfect sense.”

__________________________________________________________________

THE BOARD CONCLUDES THAT:

After reviewing the complete  record  of  evidence,  including  the
newly submitted statements of support  provided,  sufficient  doubt
has been established with a majority of  the  Board  regarding  the
accuracy of the Report of Investigation that formed the  basis  for
the contested OPR received by the applicant.  As  such,  the  Board
majority notes that, more than likely, the contested report has had
and will continue to have an  adverse  impact  on  the  applicant’s
career if it remains a matter  of  record.   In  that  regard,  the
majority believes that any doubt regarding the correctness  of  the
report should be resolved in the applicant’s  favor.   In  reaching
this determination, the majority is mindful  that  the  allegations
against  the  applicant  that   gave   rise   to   the   subsequent
investigation were serious.  However, it is the serious  nature  of
those allegations that underpins their belief the investigation was
overly influenced by the input of one or two individuals.  To leave
the contested report as a matter of record under such circumstances
would constitute an injustice to the applicant. Therefore,  in  the
interest  of  equity  and  justice,  the  majority  recommends  the
contested report be removed from the applicant’s records.

__________________________________________________________________

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, AF Form 707A, rendered for  the  period
1 July 2001 through 30 June 2002 be declared void and removed  from
his records.

__________________________________________________________________

The following members of the Board considered this  application  in
Executive Session on 12 June 2006, under the provisions of AFI  36-
2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Gregory A. Parker, Member
      Mr. Jay Jordan, Member

By majority vote, the  Board  voted  to  correct  the  records,  as
recommended.  Mr. Jordan voted to deny, but did not elect to submit
a  minority  report.   The  following  documentary   evidence   was
considered:

    Exhibit I.  ROP, dated 21 Sep 05, w/atchs.
    Exhibit J.  Letter, Applicant, dated 3 May 06, w/atchs.





                                   MICHAEL K. GALLOGLY
                                   Panel Chair

AFBCMR BC-2005-01533A


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 XXXXXXX, XXXXXXX, be corrected to show that the
Field Grade Officer Performance Report, AF Form 707A, rendered for
the period 1 July 2001 through 30 June 2002 be, and hereby is,
declared void and removed from his records.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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