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


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-03117

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  9 April 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Promotion Recommendation Form (PRF)  prepared  for  the  P0601A  Colonel
Board be removed from his records and replaced with the  reaccomplished  PRF
reflecting an overall “Definitely Promote” recommendation.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

Based on corrections to his record of performance, i.e., three OPRs  amended
to  include  strengthened  indorsements;  stratification,  and  Professional
Military  Education  (PME)  recommendations,  his  senior  rater   and   the
Management Level  Review  (MLR)  President  support  his  request  and  have
reaccomplished his PRF prepared for the P0601A Colonel Board  to  reflect  a
“Definitely Promote” recommendation.

In support of the appeal, applicant submits a  reaccomplished  PRF  with  an
overall “Definitely Promote” recommendation signed by the senior  rater  and
a statement from the MLR President.

The MLR President states the applicant’s  corrected  record  of  performance
and revised PRF were competitively reviewed and scored against  the  records
recreated from the  original  MLR,  and  awarded  him  the  one  “Definitely
Promote” recommendation authorized to  be  awarded  in  aggregation.   As  a
result,  he  concurs  with  the  revised  PRF  and  fully  supports  Special
Selection Board (SSB) consideration.

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

_________________________________________________________________

STATEMENT OF FACTS:

In an  application,  dated  9  August  2004,  the  applicant  requested  the
following:

      1.    The Officer Performance Report (OPR) closing 4  April  1995,  be
amended in Section VI, Rater  Overall  Assessment,  by  deleting  the  final
sentence, “Key  asset  for  all  of  us-–talented  pen,  focused  reasoning,
principled  approach,  leadership-–an  officer  “for  all   seasons.””   and
replacing it with the sentence, “SJA, SSS  in  residence  soonest  for  this
superb JAG!” or in the alternative, the report be removed from his records.

      2.    The OPR closing 4 April 1996, be amended in  Section  VI,  Rater
Overall Assessment, by deleting the final sentence, “Give him  the  toughest
job available.” and replacing it with the sentence, “Must give toughest  job
available now:  SJA & SSS.” or in the alternative,  the  report  be  removed
from his records.

      3.    The OPR closing 4 April 1997 be amended  in  Section  VI,  Rater
Overall Assessment,  by  deleting  the  last  sentence,  “Wing  Staff  Judge
Advocate at first opportunity!” and replacing it with the  sentence,  “Staff
Judge Advocate, SSS at first opportunity!!”

      4.    The OPR closing 19 July 1999, be amended in  Section  VI,  Rater
Overall Assessment, by deleting  the  last  sentence,  “Impeccable  officer,
warrior leader, trusted confidant, boundless energy,  ace  results,  one  of
the best!” and replacing it with the sentence, “Impeccable warrior  officer,
already leads GCM JA office to ace results - NWC, MAJCOM SJA a  must!!”  and
in Section VII, Additional Rater Overall Assessment, by  deleting  the  last
sentence, “The absolute pinnacle of his  peer  group-assign  this  superstar
JAG only the  AF’s  toughest  jobs-send  to  SSS.”  and  replacing  it  with
“Pinnacle of peers; send this superstar to  SSS,  make  him  a  MAJCOM  SJA,
assign only AF’s toughest job!”

      5.    The OPR closing 9 June 2000, be amended  in  Section  VI,  Rater
Overall Assessment, by deleting the last sentence,  “Absolutely  tops,  best
I’ve  seen,  untiring  leadership  style:  a  must  for  SSS  &  larger   JA
responsibilities!” and replacing it with the sentence “Absolutely tops,  the
best I’ve seen, untiring leadership style; SSS & MAJCOM  SJA  responsibility
a must!!”

      6.    The Promotion Recommendation Form (PRF) prepared for the  P0601A
Colonel  Board  be  removed  from  his  records  and   replaced   with   the
reaccomplished PRF he has provided.

      7.    He be considered for promotion to the  grade  of  colonel  by  a
Special Selection  Board  (SSB)  that  will  use  a  revised  Memorandum  of
Instruction (MOI) that does not include equal opportunity  instructions  for
the Calendar Year 2001 (CY01) Colonel Selection Board.

On 18 May 2005, the Board  considered  his  requests  and  found  sufficient
evidence of error or injustice to warrant amending the OPRs closing 4  April
1997, 19 July 1999, and 9 June 2000, and providing  promotion  consideration
to the grade of colonel by a Special Selection Board (SSB) for the  Calendar
Year 2001A (CY01A) Central Colonel  Selection  Board.   However,  the  Board
denied the remainder of the applicant’s  requests,  noting  that  should  he
obtain MLR president support, they would  reconsider  this  portion  of  the
application.  For an accounting of the facts and  circumstances  surrounding
the applicant’s separation, and the rationale of  the  earlier  decision  by
the Board, see the Record of Proceedings at Exhibit F.

On 9 January 2007, the applicant submitted a  request  for  reconsideration,
contending that his senior rater has reaccomplished the PRF with an  overall
recommendation of “Definitely Promote,” and the MLR President  supports  his
request.

The applicant’s complete submission is at Exhibit G.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice.  In this respect,  we  note  the  applicant
previously provided a reaccomplished PRF  from  his  senior  rater  with  an
overall recommendation  of  “Definitely  Promote  (DP).”   However,  in  the
absence of support from the MLR  President  his  request  was  denied.   The
applicant was advised that should he  obtain  MLR  President  support,  this
portion  of  his  application  would  be  reconsidered.   In  response,  the
applicant has obtained a statement from the MLR President indicating that  a
supplemental MLR was conducted on 4 October  2006  to  competitively  review
his corrected Record of Performance (ROP) against ROPs  recreated  from  the
original MLR, and as a result, he was awarded the one “DP” allocated  to  be
awarded in aggregation.  In view  of  this,  we  recommend  his  records  be
corrected  to  the  extent  indicated  below.   However,  we  recommend  the
applicant’s DAFSC on the reaccomplished PRF be amended  to  reflect  “51J3”.
As previously noted  by  this  Board,  although  the  applicant’s  DAFSC  is
reflected as “51J4”  on  the  reaccomplished  PRF,  rather  than  “51J3”  as
reflected on the original PRF and OPR, closing 9 June  2000,  in  accordance
with the governing Air  Force  Instruction  the  “4”  suffix  to  the  DAFSC
relates to staff  level  functional  responsibility  and  is  restricted  to
positions above the wing level.  Since the applicant  was  assigned  as  the
Staff Judge Advocate, 341st Space Wing, at the time  the  original  PRF  was
prepared, and not to a position above the wing level, the  DAFSC  of  “51J3”
more appropriately identifies the level of his functional responsibility.

2.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________




THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that the  Promotion  Recommendation  Form,
(PRF), AF Form 709, prepared for the Calendar  Year  2001A  (CY01A)  Central
Colonel Selection Board reflecting an overall recommendation  of  “Promote,”
be declared void and removed from his records,  and  the  attached  PRF,  AF
Form  709,  prepared  for   the   P0601A   Board   reflecting   an   overall
recommendation of “Definitely  Promote”  be  amended  in  Section  I,  Ratee
Identification Data, Item 4, DAFSC, to reflect “51J3,” rather  than  “51J4,”
and be accepted for file in its place.

It is further recommended that his record, to include the attached  PRF,  be
considered for promotion to the grade of  colonel  by  a  Special  Selection
Board for the CY01A Central Colonel Selection Board.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2004-03117
in Executive Session on 14 June 2007, under the provisions of AFI 36-2603:

                       Ms. Kathleen M. Graham, Panel Chair
                       Mr. Wallace F. Beard, Jr., Member
                       Ms. Rita S. Looney, Member

The following documentary evidence was considered:

    Exhibit F.  Record of Proceedings, w/atchs.
    Exhibit G.  Letter, Applicant, dated 9 Jan 07, w/atchs.




                                   KATHLEEN M. GRAHAM
                                   Panel Chair

AFBCMR BC-2004-03117




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,  be corrected to show that the Promotion
Recommendation Form, (PRF), AF Form 709, prepared for the Calendar Year
2001A (CY01A) Central Colonel Selection Board reflecting an overall
recommendation of “Promote,” be, and hereby is, declared void and removed
from his records, and that the attached PRF, AF Form 709, prepared for the
P0601A Board reflecting an overall recommendation of “Definitely Promote”
be, and hereby is, amended in Section I, Ratee Identification Data, Item 4,
DAFSC, to reflect “51J3,” rather than “51J4,” and be accepted for file in
its place.

      It is further directed that his record, to include the attached PRF,
be considered for promotion to the grade of colonel by a Special Selection
Board for the CY01A Central Colonel Selection Board.
.









JOE G. LINEBERGER

Director

Air Force Review Boards Agency

Attachment:
AF Form 709, PRF (P0601A)