INDEX CODE 131.01
AFBCMR 98-00597




MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR

SUBJECT:


      Having carefully reviewed this application, we agree with the
recommendation of the Air Staff and adopt the rationale expressed as
the basis for our decision that the applicant has been the victim of
either an error or an injustice.  Therefore, under the authority
delegated in AFI 36-2603, the applicant's records will be corrected as
set forth in the accompanying Memorandum for the Chief of Staff signed
by the Executive Director of the Board or his designee.




                 Panel Chair

Attachments:
1. Ltr, HQ ARPC/DPPB dtd 21 Jun 99, w/atch
2. Ltr, HQ ARPC/DP, 20 Apr 98




AFBCMR 98-00597
INDEX CODE 131.01





MEMORANDUM FOR THE CHIEF OF STAFF

      Under the authority of Section 1552, Title 10, United States
Code, Air Force Instruction 36-2603, and having assured compliance
with the provisions of the above regulation, the decision of the Air
Force Board for Correction of Military Records is announced, and it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to              , be corrected to show that he was
selected for promotion to the Reserve grade of major by the Fiscal
Year 1997 Air Force Reserve Major Unit Vacancy Selection Board, which
convened on 4 March 1996, and that he was promoted to the Reserve
grade of major, with a Promotion Service Date (PSD) and a Promotion
Effective Date (PED) of 8 March 1996.




                   DONNA PITTENGER
                   Chief Examiner
                   Air Force Board for Correction
                   of Military Records




                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 98-00597
                       INDEX CODE 131.01

                 COUNSEL:  None

                 HEARING DESIRED:  No
_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered by a Special Review Board (SRB) in lieu of the Fiscal
Year 1997 (FY97) Air Force Reserve Major Unit Vacancy  (UV)  Selection
Board with the following corrections in his records:

            a.  The citations for the Aerial Achievement  Medal  (AAM)
for the period ending 8 January 1992 and the  Air  Force  Commendation
Medal (AFCM) First Oak Leaf Cluster (1OLC) for the  period  ending  31
December 1992 be included.

            b.  His duty title  on his Officer Selection  Brief  (OSB)
be  reflected  as  “Chief  Navigator  Tactical  Airlift”  rather  than
“Navigator C130 Airlift Aircraft.”

             c.  His  Professional   Military   Education   (PME)   be
appropriately reflected [presumably  completion  of  Squadron  Officer
School (SOS), at least – see applicant’s contentions and Statement  of
Facts] on his OSB.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes these inaccuracies resulted in his nonselection for major.
 He was told that PME was a “must” for any promotion,  including  UVs,
and that he should complete Air  Command  and  Staff  College  (ACSC),
which he did.  However, ACSC  information  is  masked  for  his  major
boards so the selection board never knew of this accomplishment. In an
effort to do a more “appropriate level” PME for the FY98 Major  Board,
he completed SOS. However, he now discovers that he will not meet that
board.  If his PME situation could have been  properly  presented,  he
believes the selection board would have promoted him. He holds himself
responsible and  has  learned  a  valuable  lesson,  but  respectfully
requests reconsideration.

A copy of applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant completed ACSC on 13 November 1995.

He was considered but not selected by the FY97 Major UV  board,  which
convened on 4 March 1996.  His OSB reflected receipt of  the  AAM  and
the AFCM 1OLC; however,  the  citations  were  not  in  his  selection
folder.  The OSB also  reflected  a  duty  title  of  “Navigator  C130
Airlift Aircraft.” His duty title on the  Officer  Performance  Report
(OPR) closing 31 December 1995 is “Chief Navigator Tactical  Airlift.”
The PME section of the OSB was blank because the  “appropriate  level”
of PME to the Reserve grade of major is SOS and higher levels of  PME,
such as ACSC, are masked.

He completed SOS on 18 November 1996.
_________________________________________________________________

AIR FORCE EVALUATION:

The Director of Personnel Programs Management,  HQ  ARPC/DP,  reviewed
the  case  and  explains  that  applicant’s  completion  of  ACSC  was
appropriately masked on the OSB. The OSB did reflect  receipt  of  the
awards in question, although  applicant’s  selection  folder  did  not
contain the citations for any of his medals. The fact  that  his  duty
title on the OSB was slightly different than the title on the  OPR  is
underscored by the word picture of the OPR which addresses performance
variables of navigator duties in a C130 unit. The minor  discrepancies
between the selection folder and the OSB did  not  prevent  the  board
from having all the correct information.  Denial is recommended.

A copy of the complete Air Force evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on  4
May 1998 for review and comment 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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of  probable  error  or  injustice  to  warrant  partial
relief. We believe SRB consideration is justified on the basis of  the
wrong duty title and the PME issue, but not with respect to the  award
citations.  The promotion board was aware the applicant  had  received
the AAM and the AFCM 1OLC because these awards were listed on his OSB.
The promotion board’s knowledge of his receipt of these awards was key
and  we  are  not  convinced  he  was  deprived  of  full   and   fair
consideration merely because the  pertinent  citations  were  missing.
However, we are persuaded that his promotion potential may  have  been
adversely affected by the lack of a PME indicator  and  the  incorrect
duty title. The applicant completed ACSC based on the erroneous advice
of a senior officer; however, this accomplishment was  masked  on  the
FY97 OSB because it was the inappropriate level for  that  board.  The
applicant subsequently completed the “appropriate” level--SOS--but not
in time to be reflected on the FY97 OSB. As far as the promotion board
knew, the applicant had not completed any PME, which was not true.  We
found applicant’s acceptance of responsibility and effort to “fill  in
all the squares” to enhance his promotion opportunity  refreshing  and
believe he should not be penalized for relying on the mistaken  advice
of a senior official. We are therefore persuaded the circumstances  of
this case warrant rewriting history somewhat to reflect the  applicant
completed SOS in time for the FY97 board’s consideration. Also,  based
on the OPR closing 31 December 1995, his correct duty tile should have
been “Chief Navigator Tactical Airlift.” In view of the foregoing,  we
recommend his records be  corrected  as  indicated  below  and  he  be
afforded SRB consideration in lieu of the FY97 UV board.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

      a.  He completed Squadron Officer  School  in  February,  rather
than November, 1996.

      b.  The duty title on the Officer Selection  Brief  reviewed  by
the Fiscal Year 1997 (FY97) Air Force Reserve Major Unit Vacancy  (UV)
Selection Board reflects “Chief Navigator  Tactical  Airlift,”  rather
than “Navigator C130 Airlift Aircraft.”

      c.  His records, as amended, be considered for promotion to  the
grade of major, Air Force Reserve, by a Special  Review  Board  (SRB);
and that his record be evaluated in comparison  with  the  records  of
officers who were and were not  selected  by  the  FY97  UV  Selection
Board, which convened on 4 March 1996.

It is further recommended that, if he is recommended for promotion  by
the SRB, the Air Force Board for Correction  of  Military  Records  be
advised of that recommendation at the  earliest  practicable  date  so
that all necessary and appropriate actions may be completed.

If he is not recommended for promotion  by  the  SRB,  the  office  of
primary responsibility will advise him of the  recommendation  of  the
SRB.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 5 November 1998, under the provisions of AFI  36-
2603:

                  Mr. David C. Van Gasbeck, Panel Chair
                  Mr. Edward H. Parker, Member
                  Ms. Patricia A. Vestal, Member

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

   Exhibit A.  DD Form 149, dated 20 Feb 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ ARPC/DP, dated 20 Apr 98
   Exhibit D.  Letter, AFBCMR, dated 4 May 98.




                                   DAVID C. VAN GASBECK
                                   Panel Chair


AFBCMR 98-00597




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:

      The pertinent military records of the Department of the Air
Force relating to            , be corrected to show that:

           a.  He completed Squadron Officer School in February,
rather than November, 1996.

           b.  The duty title on the Officer Selection Brief reviewed
by the Fiscal Year 1997 (FY97) Air Force Reserve Major Unit Vacancy
(UV) Selection Board reflects “Chief Navigator Tactical Airlift,”
rather than “Navigator C130 Airlift Aircraft.”

           c.  His records, as amended, be considered for promotion to
the grade of major, Air Force Reserve, by a Special Review Board
(SRB); and that his record be evaluated in comparison with the records
of officers who were and were not selected by the FY97 UV Selection
Board, which convened on 4 March 1996.

      It is further directed that, if he is recommended for promotion
by the SRB, the Air Force Board for Correction of Military Records be
advised of that recommendation at the earliest practicable date so
that all necessary and appropriate actions may be completed.

      If he is not recommended for promotion by the SRB, the office of
primary responsibility will advise him of the recommendation of the
SRB.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency