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AF | BCMR | CY2007 | BC 2007 01311 4
Original file (BC 2007 01311 4.txt) Auto-classification: Denied
THIRD ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01311

		COUNSEL:  NONE

		HEARING DESIRED:  NOT INDICATED 


________________________________________________________________

APPLICANT REQUESTS THAT:

He receive a direct promotion to the grade of colonel (O-6), 
effective 7 Dec 04, or he be provided Special Selection Board 
consideration for the Calendar Year 2004 (CY04) Colonel Central 
Selection Board (CSB).

________________________________________________________________

STATEMENT OF FACTS:

On 28 Mar 07, the applicant requested his Officer Performance 
Report (OPR), rendered for the period ending 20 Jun 03, be 
removed from his records and he receive promotion consideration 
by an SSB for the Calendar Year 2004C (CY04C) CSB.  On 5 Sep 07, 
the Board considered and denied the applicant’s appeal.  

On 18 Jun 09, the applicant requested reconsideration to have 
the contested OPR removed from his records.  The applicant 
further requested his duty title, as reflected on his OPR 
rendered for the period ending 30 Jun 04, be changed to read 
“Deputy Command Chaplain,” and direct promotion to the grade of 
colonel (O-6).  On 14 Oct 09, a majority of the Board denied his 
requests.  

On 10 May 10, the applicant requested his OPR, rendered for the 
period ending 20 Jun 04, and his Promotion Recommendation Form 
(PRF), prepared for the CY04C CSB, be corrected to reflect he 
served as the Deputy Command Chaplain, and that his corrected 
record be considered for promotion to the grade colonel by an 
SSB for the CY04C Colonel CSB.  The applicant contended he 
served as the Deputy Command Chaplain and that his service 
should have been emphasized in his record before the promotion 
board.  In support of his request, the applicant submitted a 
supporting statement from the Air Force Chief of Chaplains.  On 
28 Oct 11, the Board considered and recommended granting partial 
relief to change his duty title on his OPR rendered for the 
period ending 20 Jun 04 to reflect Deputy Command Chaplain and 
that his corrected record receive SSB consideration for the CY04 
CSB.  For an accounting of the facts and circumstances and the 
rationale of the Board’s decision, see the Second Addendum to 
Record of Proceedings, with exhibits, at Exhibit L.

On 20 Dec 11, the applicant’s counsel notified the Board that 
his client received their Nov 11 decision.  Counsel further 
noted the documentation indicated the applicant was forwarded 
the Air Force evaluations on 18 Jul 11 and 3 Aug 11; however, 
his client did not receive the evaluations and, as a consequence 
of not receiving the evaluations, his client was deprived the 
opportunity to respond to the evaluations.  Counsel requested a 
copy of the applicant’s complete case file (Exhibit M), which 
was provided to counsel  on 4 Jan  12 (Exhibit N).

On 24 Feb 12, the applicant’s counsel requested reconsideration 
on the basis that the applicant was not provided an opportunity 
to respond to the advisory opinions rendered in his case prior 
to the Board’s decision (Exhibit O).  On 18 Jul 12, the Board 
informed the applicant’s counsel that to preclude the 
possibility of an injustice, the applicant had 30 days to 
provide a response (Exhibit P). 

On 27 Jul 12, the applicant was notified that on 14 May 12, he 
was considered, but not selected for promotion by the P0604C 
(Chaplain) SSB (Exhibit Q).

By a letter dated 1 Aug 13, the applicant is requesting 
reconsideration for his request for direct promotion to the 
grade of colonel with an effective date of 7 Dec 04, or in the 
alternative SSB consideration for promotion to colonel based on 
the reaccomplished OPR and PRF provided by his rater.  The 
applicant contends his contested OPR and PRF presented to the 
CY04 promotion board failed to reflect his duty performance 
while in two O-6 positions (Exhibit R). 

________________________________________________________________

THE BOARD CONCLUDES THAT:

After again reviewing the evidence of record, the applicant’s 
prior submissions, the additional evidence provided in support 
of his appeal, we find no basis to grant the requested relief.  
We note the applicant submits a reaccomplished OPR, PRF and 
statement from his rater, nine years after the events in 
question, indicating the original report was an understatement 
of the applicant’s duty performance.  However, we find this now 
laudatory support from the applicant’s rater insufficient to 
conclude that additional relief is warranted.  There is no 
evidence to show the original report signed by the rater was 
erroneously prepared or technically flawed.  In a previous 
submission, the applicant was granted partial relief by the 
Board and his duty title on one of his OPRs was changed and he 
was provided SSB consideration for promotion to colonel based on 
that correction to his record.  In our view, the issues raised 
by the applicant have been adequately addressed by the OPRs and 
previous considerations of his case by this Board and he has 
been provided full and fitting relief.  Therefore, in view of 
the above and after a lengthy and thorough consideration of the 
documentation, statements, and contentions presented throughout 
this nearly ten-year debate regarding the applicant’s promotion 
consideration, we believe the applicant has been provided full 
and fitting relief and find no basis to recommend any relief 
beyond that previously rendered.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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 
Number BC-2007-01311 in Executive Session on 29 Apr 14, under 
the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2007-01311 was considered:

	Exhibit L.  Second Addendum to Record of Proceedings, 
	            dated 1 Nov 11, w/exhibits.
	Exhibit M.  Letter, Counsel, dated 20 Dec 11, w/atchs.
	Exhibit N.  Letter, AFBCMR, dated 4 Jan 12, w/atchs.
	Exhibit O.  Letter, Counsel, dated 24 Feb 12, w/atchs.
	Exhibit P.  Letter, AFBCMR, dated 18 Jul 12
	Exhibit Q.  Letter, AFPC/DPSOO, dated 27 Jul 12.
	Exhibit R.  Letter, Applicant, dated 1 Aug 13, w/atchs.




                                   Panel Chair

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