RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  97-03397

            COUNSEL:  NONE

            HEARING DESIRED: NO



APPLICANT REQUESTS 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.


APPLICANT CONTENDS THAT:

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 obtained a position on 3 February  1994.   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 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.


STATEMENT OF FACTS:

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 (OPRs), since  30  April
1989, follows:

        PERIOD ENDING               OVERALL EVALUATION

           8 Jan 86                Meets Standards (MS)
          30 Apr 90                        MS (w/LOE)
          30 Apr 91                        MS
    No report rendered for the period 1 May 91 through 3 Feb 94
           3 Feb 95                        MS
           3 Feb 96                        MS
         * 2 Dec 96                        MS

* Top report reviewed by the FY98 board.




AIR FORCE EVALUATION:

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 36-10(change 1), 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.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

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.


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  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.


THE BOARD RECOMMENDS THAT:

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

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

      Exhibit A.  DD Form 149, dated 6 Nov 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.



             CHARLENE M. BRADLEY
                                  Panel Chair





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:

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





                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency