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

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-01061
		INDEX CODES:  131.00, 136.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  20 APR 07

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APPLICANT REQUESTS THAT:

His records be corrected to reflect that he was continued on active duty until Aug 91, which would enable him to obtain a 28‑year lieutenant colonel career; or, that he was directly promoted to the grade of colonel and continued on active duty until Aug 93, which would give him a full 30-year career.

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STATEMENT OF FACTS:

On 17 Sep 03, the Board considered and denied an application pertaining to the subject applicant, in which he requested that his records be corrected to reflect he was continued on active duty until August 1991; or, he be directly promoted to the grade of colonel and continued on active duty until August 1993.  A complete copy of the Record of Proceedings, with attachments, is attached at Exhibit I.  

By letter, dated 6 Sep 05, the applicant requests reconsideration of his appeal.  In his most recent submission, the applicant indicates the AFBCMR relied on incomplete and inaccurate advisory opinions from the offices of primary responsibilities (OPRs).

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

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AIR FORCE EVALUATION:

HQ USAF/JAA recommends denial indicating that with regard to the applicant’s reconsideration request in general and each alleged error in particular, the applicant has failed to submit newly discovered evidence not considered with the previous application or reasonably available at that time.  The essence of the applicant’s initial appeal, request for reconsideration, and many assertions of error is that the AFBCMR’s 1983 correction (making him eligible for successful competition for promotion to lieutenant colonel) also created an inherent injustice in that it was difficult for him to compete for promotion to colonel.  As was pointed out in one of the advisories in the file, consequential adverse impact of an AFBCMR decision is something members simply have to accept.  There is no perfect solution and, in this case, the AFBCMR has made very reasonable and appropriate decisions based on the evidence before it.

A complete copy of the HQ USAF/JAA evaluation is at Exhibit K.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 7 Dec 05 for review and response within 30 days (Exhibit L).  On 23 Dec 05, the applicant requested that his appeal be temporarily withdrawn (Exhibit M).

Applicant reviewed the advisory opinion and furnished a detailed response, indicating, in part, that however well meaning, the advisory opinion does not totally grasp his case and erred often in its analysis.

Applicant’s complete response, with attachment, is at Exhibit O.

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THE BOARD CONCLUDES THAT:

In an earlier finding, we determined that there was insufficient evidence to warrant any corrective action.  The applicant’s most recent submission was thoroughly reviewed and his contentions were duly noted.  However, we did not find his assertions and his supporting documentation sufficiently persuasive to override the rationale proffered by HQ USAF/JAA.  Notwithstanding his arguments to the contrary, we believe HQ USAF/JAA has adequately addressed the issues raised by the applicant.  Therefore, we agree with the recommendation of HQ USAF/JAA and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden of establishing he has suffered either an error or an injustice.  Accordingly, we find no compelling basis to act favorably on this appeal.

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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.

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The following members of the Board considered AFBCMR Docket BC-2002-01061 in Executive Session on 27 Jun 06, under the provisions of AFI 36-2603:

The following additional documentary evidence was considered:

    Exhibit I.  Record of Proceedings, dated 29 Sep 03, w/atchs.
    Exhibit J.  Letter, applicant, dated 6 Sep 05, w/atchs.
    Exhibit K.  Letter, HQ USAF, dated 29 Nov 05.
    Exhibit L.  Letter, AFBCMR, dated 7 Dec 05.
    Exhibit M.  Letter, applicant, dated 23 Dec 05.
    Exhibit N.  Letter, AFBCMR, dated 17 Jan 06.
    Exhibit O.  Letter, applicant, dated 30 Jan 06, w/atch.