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 applicants 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 Boards decision, see the Second Addendum to
Record of Proceedings, with exhibits, at Exhibit L.
On 20 Dec 11, the applicants 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 applicants complete case file (Exhibit M), which
was provided to counsel on 4 Jan 12 (Exhibit N).
On 24 Feb 12, the applicants 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 Boards decision (Exhibit O). On 18 Jul 12, the Board
informed the applicants 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 applicants
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 applicants duty performance. However, we find this now
laudatory support from the applicants 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 applicants 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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