ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00980
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His aviation rating be reinstated.
2. His referral Officer Performance Report (OPR) rendered for
the period 17 Feb 06 to 16 Feb 07 be declared void and removed
from his record based on the reinstatement of his aviation
rating.
3. He be promoted to the grade of major based on the above
requested corrective action.
________________________________________________________________
STATEMENT OF FACTS:
On 3 Aug 10, by majority vote, the Board considered and denied a
similar request. For an accounting of the facts surrounding his
previous request and the rationale of the Boards earlier
decision, see the Record of Proceedings at Exhibit I (with
Exhibits A thru H).
On 28 Sep 10, the applicant submitted a request for
reconsideration. In his request for reconsideration, he
provides correspondence from various writers who have contacted
him concerning his case. The reporters exposed critical
elements he was unable to. He contends Mr. H, staff writer for
the Air Force Times successfully contacted Mr. G, the enlisted
man from one of his wartime crews who inspired the letter he
wrote to the local paper which resulted in immediate leadership
retaliation.
Furthermore, the applicant states his reputation was ruined and,
despite passing four additional evaluations, two with
excellent grades, the 349 AMW leadership had no intention of
letting him continue to serve his country, and as testimony
showed, made it known throughout his chain of command. The
documents from his Congressional Office shows that no effort was
put into investigating the evidence of religious discrimination,
procedural errors, illegal acts of his commander or FEB findings
that are demonstrably inconsistent with the evidence provided.
The destruction of a career due to religious intolerance is
against American protocol. Men and women who have gone to war
for our country expressed a real fear of opposing the corrupt
349 AMW leadership, leadership which routinely dealt with this
kind of honesty with retaliation, despite their observations of
unfair treatment intended to railroad him, to virtually
destroy his life, without a valid cause.
In support of his request the applicant provides a personal
statement, and email correspondence.
The applicants complete submission, with attachments, is at
Exhibit J.
_______________________________________________________________
THE BOARD CONCLUDES THAT:
In an earlier finding, the Board determined there was
insufficient evidence to warrant any corrective action. After
thoroughly reviewing the additional documentation submitted in
support of his appeal, and the evidence of record, we do not
believe the applicant has overcome the rationale expressed in
our previous decision to warrant reinstating his aviation
rating, removing the OPR rendered for the period 17 Feb 06 to
16 Feb 07 and promoting him to the grade of major. While the
applicant alleges the negative actions taken against him were
the result of religious discrimination, we note that he has not
provided any evidence that he filed a Military Equal Opportunity
(MEO) or Inspector General (IG) complaint. Therefore, his
application is unsupported by the evidence and we conclude the
applicant has failed to sustain his burden of showing he
suffered either an error or an injustice. In view of the above
and in the absence of evidence to the contrary, we find no basis
upon which to recommend favorable consideration of the
applicants request.
________________________________________________________________
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 AFBCMR Docket
Number BC-2009-00980 in Executive Session on 11 Aug 11, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit I. Record of Proceedings, dated 19 May 09,
w/exhibits A through H.
Exhibit J. Applicants Rebuttal, dated 28 Sept 10, w/atchs.
Panel Chair
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