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AF | BCMR | CY1998 | 9702889
Original file (9702889.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  97-02889
            INDEX CODE: 131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to the Reserve  grade  of  major  by  Special
Selection Board (SSB) for the Fiscal Year  1998  (FY98)  Air  Force  Reserve
Major Position Vacancy (PV) Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Applicant states that his Air Force  Specialty  Code  (AFSC)  and  his  duty
history on his Officer Pre-Selection Brief were  not  changed  as  requested
prior to the convening of the 3 March 1997 PV selection board.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was considered and nonselected for promotion to the Reserve  grade
of major by the FY98 AF Reserve Major PV Selection Board.

Applicant's Officer Selection  Brief  (OSB)  did  not  reflect  his  correct
secondary AFSC and the AFSC for the 24 July 1992 entry on his  duty  history
was missing.

OPR profile since 1992, follows:

           PERIOD ENDING           EVALUATION OF POTENTIAL

         No report for the period 11 Nov 92 through 1 Mar 95
                       29 Dec 95             Meets Standards
                    #  02 Dec 96             Meets Standards
                       29 Nov 97             Meets Standards

# Top report at time of FY98 board.

Effective l October 1996, Title 10, USC 14502 authorized  the  convening  of
Special Selection Boards (SSBs) for Reserve Officers who were  not  selected
for promotion and allege the action of the board  was  contrary  to  law  or
involved material error or the board did not have before  its  consideration
material information. 10 USC 14502(b)(1) only provides for SSBs for  members
who were considered for promotion in or above  the  promotion  zone.   Since
officers considered for Position Vacancy promotions were not  considered  by
boards in or above the promotion zone, SSB consideration is not authorized.

Prior to the enactment of 10 USC 14502, officers who applied for  correction
of records in similar circumstances  as  the  applicant,  a  Special  Review
Board (SRB) could  have  been  directed  to  convene  to  determine  if  the
individual would have been  selected  for  promotion.   However,  since  SSB
provisions were created by the  Reserve  Officer  Personnel  Management  Act
(ROPMA) and codified in 10 USC  14502,  SRBs  cannot  be  convened  for  the
boards after l October 1996.

_________________________________________________________________

AIR FORCE EVALUATION:

The Director of Personnel Program Management, HQ  ARPC/DPJA,  reviewed  this
application and states that at the present time, under the  Reserve  Officer
Personnel Management Act, they do not have the authority to  hold  SSBs  for
PV promotions.  They are in the  process  of  requesting  that  the  law  be
changed  to  accommodate  those  individuals.   They  recommend  denial   of
applicant's request.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 29 December 1997, a copy of the Air Force  evaluation  was  forwarded  to
the applicant for review and response within 30 days.  As of this  date,  no
response has been received by this office.

_________________________________________________________________
THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was timely filed.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of probable error or injustice.  The  applicant  states  that  his
officer  selection  brief  (OSB)  that  the  selection  board  reviewed  was
incorrect and adversely affected the decision of  the  board.   However,  we
note that central boards evaluate the entire officer selection record  (OSR)
when considering an individual for promotion.  The Board is of  the  opinion
that it is highly unlikely that the OSB reflecting the  incorrect  secondary
Air Force Specialty Code (AFSC) and the missing AFSC for the  24  July  1992
entry on his duty history was the cause of his  nonselection.   In  view  of
the above, we are compelled to conclude  that  the  incorrect/missing  AFSCs
from applicant’s OSB were harmless errors.   Therefore,  we  find  no  basis
upon which to recommend favorable action on this application.


_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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 this application in  Executive
Session on 17 March 1998, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Panel Chair
      Mr. Steven A. Shaw, Member
      Ms. Sophie A. Clark, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 22 Sept 97, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPJA, dated 10 Dec 97
      Exhibit D. Letter, AFBCMR, dated 29 Dec 97.




                             THOMAS S. MARKIEWICZ
                             Panel Chair

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