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
AF | BCMR | CY1998 | BC-1997-02889
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. _________________________________________________________________ AIR FORCE EVALUATION: The Director of Personnel Program Management, HQ ARPC/DPJA, reviewed this application and...
_________________________________________________________________ AIR FORCE EVALUATION: The Director of Personnel Program Management, HQ ARPC/DPJA, reviewed this application and states that at the present time, under the ROPMA, they do not have the authority to hold SSBs for PV promotions. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, to include the Joint...
AF | BCMR | CY1999 | BC-1997-03032
_________________________________________________________________ AIR FORCE EVALUATION: The Director of Personnel Program Management, HQ ARPC/DPJA, reviewed this application and states that at the present time, under the ROPMA, they do not have the authority to hold SSBs for PV promotions. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, to include the Joint...
_________________________________________________________________ AIR FORCE EVALUATION: The Director of Personnel Program Management, HQ ARPC/DPJA, reviewed this application and states that at the present time, under the ROPMA, they do not have the authority to hold SSBs for PV promotions. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, to include that the...
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_________________________________________________________________ AIR FORCE EVALUATION: The Director of Personnel Program Management, HQ ARPC/DPJA, reviewed this application and states that at the present time, under the ROPMA, they do not have the authority to hold SSBs for PV promotions. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, to include that the...
_________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, to include the attached Promotion Recommendation Form, AF Form 709, for cycle U0498A, be considered for promotion to the Reserve grade of major by a Special Review Board; that his record be evaluated in comparison with the records of officers who were and were not selected by the Fiscal Year 1998 Air Force...
AF | BCMR | CY1999 | BC-1997-01595
_________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, to include the attached Promotion Recommendation Form, AF Form 709, for cycle U0498A, be considered for promotion to the Reserve grade of major by a Special Review Board; that his record be evaluated in comparison with the records of officers who were and were not selected by the Fiscal Year 1998 Air Force...
AF | BCMR | CY1999 | BC-1997-03145
A complete copy of the evaluation is attached at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant reviewed the Air Force evaluation and states that an injustice exists; the request to fix the law is in process, according to ARPC. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT,...
A complete copy of the evaluation is attached at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant reviewed the Air Force evaluation and states that an injustice exists; the request to fix the law is in process, according to ARPC. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT,...
_________________________________________________________________ AIR FORCE EVALUATION: The Director of Personnel Program Management, HQ ARPC/DPJA, reviewed this application and states that at the present time, under the ROPMA, they do not have the authority to hold SSBs for PV promotions. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, to include the...