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AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

PEB 1 8  ?999 

IN THE  MATTER OF: 

DOCKET  "IBER: 

97-03397 

COUNSEL:  NONE 
HEARING DESIRED: NO 

LICANT REOUESTS THAT: 

His  record,  to  include  an  Officer  Performance  Report  (OPR) 
rendered for  the period  30.April 1991  through  1 May  1992,  be 
considered  for  promotion  to  the  Reserve  grade  of  major  by  a 
Special Review Board  (SRB) for the Fiscal Year 1998  (FY98) Major 
Selection Board. 

P L W T  CO-S 

THAT: 

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He was denied fair and equitable promotion consideration due to a 
perceived break in service for the period 30 April 1991 through 
3 February 1994. 
The applicant states from 1 May 1990 through 15 May 1992, Captain 
Blome  was  his  rating  official. 
The  last  annual  Officer 
Performance  Report  (OPR) in  his  record  while  on  active  duty, 
covered the period  1 May  1990 through 20 April  1991.  However, 
there is no OPR  covering the period  1 May  1991  through 15  May 
1992. During this period, he continued to fly as an AC-130 pilot. 
No OPR was rendered for this period because a representative from 
the  Consolidated Base  Personnel Office  (CBPO)  advised the  unit 
that an OPR was not required since he was leaving active duty. 
However, this was incorrect.  From 15 May 1992 through 3 February 
1994, he was assigned to the inactive ready reserve and applied 
to all reserve and Air National Guard units in the Southeastern 
United  States  in  order  to  obtain  an  active  reserve  or  guard 
position. 
He was not 
aware of the problem until after his nonselection for promotion 
to the Reserve grade of major. 
In support of the appeal, applicant submits copies of his OPRs, a 
copy of his DD Form 214, Certificate of Release or Discharge from 
the Armed Forces of the United States, and a statement from his 
commander. 
The  applicant's  commander states that  he  strongly endorses his 
request for an appeal of his nonselection to the grade of major. 
The  commander  also  states  that  applicant  has  been  a  superior 
Squadron Leader during his tenure and is a dependable volunteer 

He obtained a position on 3 February 1994. 

with a stellar history of flying in Bosnia, Southwest Asia, and 
the  Pacific.  The  commander believes  that  a break  in  service 
should not be held against a member with a distinguished career 
which  includes  many  trips  into  harms  way  as  a  C-130  Special 
Operations Pilot and Tactical Operations C-130 Pilot. 
The applicant's complete submission is attached at Exhibit A. 

The applicant is currently serving in the Air  Force Reserve  in 
the grade of major. 
On  18  November  1983,  the  applicant  was  commissioned a  second 
lieutenant and entered extended active duty. 
On 15 May  1992,  the applicant was released from active duty in 
the grade of captain under the provisions of AFR 36-12  (Voluntary 
Resignation:  Completion  of  Active  Duty  Service  Commitment). 
However, the DD Form 214, does not reflect the command to which 
he was transferred. 
On  16  May  1992,  the  applicant was  commissioned in the Reserve 
grade of captain in the Air Force Reserve. 
The applicant was  considered and not  selected for promotion to 
the  Reserve  grade  of  major  by  the  FY98  Major  Selection Board 
which convened on 3 March 1997. 
The applicant was  considered and  selected for promotion to the 
Reserve grade of major by the FY99  Major Selection Board.  He was 
was promoted to that grade, effective and with date of rank (DOR) 
of 1 October 1998. 
A resume of applicant's Officer Performance Reports  ( O P R s ) ,   since 
30 April 1989, follows: 

No report rendered for the period 1 May 91 through 3 Feb 94 

Meets Standards (MS) 

MS  (w/LOE) 
MS 
MS 
MS 
MS 

8 Jan 86 
30 Apr 90 
30 Apr 91 
3 Feb 95 
3 Feb 96 
*  2 Dec 96 

*  Top report reviewed by the FY98 board. 

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The Deputy Director, Directorate of Personnel Program Management, 
ARPC/DPJC, reviewed this application and states that applicant is 
incorrect that in accordance with AFR 36-10, dated 1 August 1988, 
table 3-6, rule 1, note 3 ,   an OPR should have been rendered with 
a  close-out  date  of  20  April  1992.  They  note  that  AFR  36- 
lO(change I), dated 1 February 1990, table 3-1, rule 4 ,   note 4 ,  
applies to this case.  The applicant would not have been due an 
annual  report because upon voluntary  separation, the  close-out 
date is established as 30 days prior to the departure date.  The 
applicant separated from active Air Force on 15 May  1992.  Even 
if his date of separation was the same as his departure date, the 
close-out date of  the OPR would be established as 15 April 1992 
making  it  a  Change  in  Reporting  Official  (CRO) report. 
In 
accordance with note 4 ,   no report is required when separation is 
by voluntary resignation.  They note that prior to the promotion 
board, the applicant was given the opportunity to write a letter 
to the board explaining why a gap is in his record.  In addition, 
the applicant met the FY98, not the FY97 major board.  Therefore, 
they recommend denial of his request. 
A  complete  copy  of  the  Air  Force  evaluation  is  attached  at 
Exhibit C. 

The applicant reviewed the Air Force evaluation and states there 
was no voluntary separation.  He resigned his regular commission 
on 15 May 1992 and accepted a Reserve commission on 16 May  1992 
with no break in service.  He did not write a letter to the board 
because he had no knowledge of a perceived break in service until 
he  was  nonselected.  He  requests that  his  corrected record be 
considered for promotion by an SRB  for the FY98 board. 
In further support of the appeal, applicant submits a statement 
from the Chief ,  Career Enhancement  indicating the applicant was 
not voluntarily separated but resigned his Regular commission and 
accepted a Reserve commission with no break in service. 
The applicant's complete response is attached at Exhibit E. 

E BOARD CONCLWS THAT: 

The applicant has exhausted all remedies provided by existing 

1. 
law or regulations. 
2.  The application was timely filed. 
3 .   Sufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  probable  error  or  i n j u s t i c e   to 

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warrant the applicant's  promotion to the Reserve grade of major 
by the FY98 Board.  While we recognize that an OPR  may not have 
been  required  to  have  been  rendered,  in  view  of  the  lengthy 
period  from  his  last performance  report  in  1991  to his actual 
date  of  separation  in  1992,  we  believe  it  would  have  been 
appropriate for a report to have been rendered.  In addition, in 
view of the lapse of time, it appears that it would be impossible 
for  the  applicant  to  have  a  report  submitted  by  the  rating 
officials.  We also note the applicant experienced difficulty in 
obtaining a Reserve position which made the gap between his last 
active duty performance report and his first Reserve performance 
report even longer.  In view of the unique circumstances present 
in this case and since he was promoted to the Reserve grade of 
major  by  the  next  regularly  scheduled  selection  board,  we 
recommend  his  effective  date  and  promotion  service  date  be 
changed to 12 August 1997, the date he would have received had he 
been  promoted  by  the  FY98  selection  board.  Therefore,  we 
recommend his records be corrected to the extent indicated below. 

RECOMMEmS THAT: 

THE 30- 
The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be corrected to show that he was promoted 
to  the  Reserve  grade  of  major,  with  an  effective  date  and 
promotion service date of 12 August 1997. 

The following members of the Board considered this application in 
Executive Session on 10 November  1998, under the provisions of 
AFI 36-2603: 

Ms. Charlene M. Bradley, Panel Chair 
Mr. Joseph G. Diamond. , Member 
Mr. Terry A. Yonkers, Member 
Mr. Phillip E. Horton, Examiner (without vote) 

All members voted  to correct the records, as recommended.  The 
following documentary evidence was considered: 

Exhibit A.  DD Form  149, dated 6 N o v   97, w/atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Letter, ARPC/DPJC, dated 15 Dec 97. 
Exhibit D.  Letter, SAF/MIBR, dated 5 Jan 97. 
Exhibit E.  Letter, Applicant, dated 25 Jan 98, w/atch. 
Exhibit F.  Letter, ARPC/DPJC, dated 15 Apr 98. 
Exhibit G.  Letter, ARPC/DPJ, dated 22 Apr 98. 
Exhibit H.  Letter, SAF/MIBR, dated 15 Jun 98. 

n 

CHARLENE M. BRADLEY 
Panel Chair 

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DEPARTMENT OF THE AIR FORCE 

WASHINGTON, 0. C. 

FEB 18 I999 

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Office of the Assistant Secretary 

AFBCMR 97-03397 

MEMORANDUM FOR THE CHIEF OF STAFF 

Having received and considered the recommendation of the Air Force Board for 

Correction of Military Records and under the authority of Section 1552, Title 10, United States 
Code (70A Stat 116), it is directed that: 

major, with-an effective date and promotion service date of 12 August 1997. 

rds  of the  Department  of  the Air  Force relating t 
corrected to show that he was promoted to the Re- 

Director 
Air Force Review Boards Agency 

I/