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AF | BCMR | CY2011 | BC-2005-03220
Original file (BC-2005-03220.doc) Auto-classification: Denied

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


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03220

      XXXXXXXXXX COUNSEL:  NONE

            HEARING DESIRED:  YES


________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was promoted to  the  grade  of
lieutenant colonel (O-5) by the Calendar Year 1985  (CY85)  Lieutenant
Colonel Central Selection Board (CSB), and served on continuous active
duty in the permanent grade of lieutenant colonel through 31  Mar  97,
giving him 28 years  of  total  active  federal  commissioned  service
(TAFSC).

________________________________________________________________

RESUME OF CASE:

On 25 Apr 06, the Board considered  and  denied  applicant’s  original
request for direct promotion to lieutenant colonel and continuation on
active duty in that grade until 31 Mar 97.  In the  initial  case,  he
contended that because his promotion to major, which resulted from his
appeals to the AFBCMR, was not effected until  many  years  after  his
retirement, he was never afforded the opportunity to serve as a  major
and build a record in that grade, and, as such, there  was  no  avenue
for him to equitably compete for promotion to lieutenant colonel.  For
an  accounting  of  the  facts  and  circumstances   surrounding   the
applicant’s original request and the rationale of the earlier decision
by the Board, see the Record of Proceedings (ROP) at Exhibit L.

On 6 Nov 06, the applicant submitted a  letter  with  two  attachments
outlining his objections to the ROP in his original case (Exhibit  M).
He contended the ROP contained erroneous statements,  factual  errors,
and did not even come close to summarizing his  remarks  and  the  new
evidence he provided.  He also argued the Board erroneously attributed
several delays to him, relying on an erroneous  HQ  ARPC/JA  advisory.
As a result,  he  was  not  given  a  fair,  impartial,  and  accurate
evaluation by the Board because they relied on flawed  information  in
the ROP.

In view of these concerns, and to  preclude  the  possibility  of  the
perception  of  an  injustice,  the  applicant  was  granted  de  novo
consideration of his case by the Board and, on 10 Jan 07, the de  novo
Board considered and denied his request.  For  an  accounting  of  the
facts and circumstances surrounding the rationale of the  decision  by
the Board, see the Addendum to the ROP at Exhibit N.

In his latest submission, dated  6  Sep  09,  the  applicant  requests
reconsideration of his case  based  upon  new  evidence  comprised  of
additional statements from former members  of  his  chain  of  command
which attest to his promotion potential beyond the grade of major  and
provide perspectives on those important aspects of his  case  that  he
believes  Air  Force  officials,  in  their  advisories,   failed   to
adequately address and fairly consider.  He argues that as a result of
these unfair and incorrect advisories,  the  AFBCMR  members  did  not
receive, nor have at their disposal, accurate information  upon  which
to make a decision in his case.  In support of his latest  submission,
the  applicant  provides  an  expanded  statement,  copies  of   three
supporting statements, and copies of three SAF/MRB directives  related
to apparently similar AFBCMR cases.

The applicant’s complete submission, with attachments, is  at  Exhibit
O.

________________________________________________________________

THE BOARD CONCLUDES THAT:

We have thoroughly reviewed the evidence of record and considered  the
weight and relevance of the additional documentation provided  by  the
applicant, and whether or not it was discoverable at the time  of  any
previous  application.   While  we  find  the  additional   statements
rendered in the applicant’s behalf new, we do not find them  relevant.
As the applicant  has  been  previously  advised,  reconsideration  is
provided only where newly discovered relevant  evidence  if  presented
which was not available when the application was submitted.   Further,
the reiteration of facts we have previously addressed,  uncorroborated
personal observations, or additional  arguments  on  the  evidence  of
record are not adequate grounds for reopening a case.   Therefore,  in
view of the above and in the absence of new and relevant evidence,  we
find no basis to reconsider the applicant’s request.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the additional evidence  presented  did  not
meet  the  criteria  for  reconsideration  by  the  Board;   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 the applicant’s  request
for reconsideration of AFBCMR Docket Number           BC-2005-03220 in
Executive Session on 15 Feb 11, under the provisions of AFI 36-2603:

     Mr. XXXXXXXXXX, Panel Chair
     Ms. XXXXXXXXXX, Member
     Mr. XXXXXXXXXX, Member

The following additional documentary evidence was considered:

     Exhibit N.  Addendum to ROP, dated 25 Jan 07, w/atchs.
     Exhibit O.  Letter, Applicant, dated 9 Sep 09, w/atchs.




                                   XXXXXXXXXX
                                   Panel Chair
















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