RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02013

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reconsidered for promotion to the grade of major or he  be  reinstated
as a captain.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust  and
the evidence submitted in support of the appeal is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant's military records, are contained in the letter  prepared  by  the
appropriate office of the Air Force.   Accordingly,  there  is  no  need  to
recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Director  of  Personnel  Program  Management,  ARPC/DP,  reviewed   the
application and states that the requested correction cannot be  accomplished
administratively at this headquarters.  They state that it is  the  member’s
responsibility to keep his address current at all times.  Due  to  the  fact
that the member was  assigned  to  the  Nonobligated-Nonparticipating  Ready
Personnel Section (NNRPS), HQ ARPC/DPJA was responsible  for  notifying  the
applicant of the board convening dates.  They further state  that  Title  10
U.S.C., Section 14105, states that either the reservist  be  notified  or  a
general written notice is issued to the  armed  forces  concerned  regarding
the  convening  of  the  board.   HQ  ARPC  accomplished  both  methods   of
notification.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 September 1998 a  complete  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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.  After  thoroughly  reviewing  the
evidence of record and noting the applicant’s contentions,  it  appears  the
applicant was unaware that he would be competing for promotion at  the  FY97
and FY98 Air Force Reserve Major Boards.  Although the applicant  refers  to
the FY96 and FY97 board, it appears he actually means  the  FY97  and  FY98.
The applicant contends that while he was on a  leave  of  absence  from  his
flying unit, caring for his terminally ill mother,  he  never  received  any
written notice that he was meeting promotion boards.   In  addition,  during
this period, the applicant was unable to obtain a Reserve  position  due  to
the needs of his family.  As a result, he did not have a  sufficient  record
to fairly compete for promotion which resulted in him being  twice  deferred
for promotion. In view of the circumstances  surrounding  this  case  (i.e.,
mother terminally ill, insufficient record to  compete  for  promotion,  and
unaware of promotion consideration), we believe the  applicant’s  separation
from the Reserves was unjust.  Therefore,  we  recommend  his  nonselections
for promotion to  the  grade  of  major  be  set  aside,  he  be  reinstated
retroactively to his Reserve unit and if he is considered and  not  selected
for promotion to the Reserve grade of  major,  without  having  two  current
performance reports in his records, his nonselection(s) be  set  aside.   We
believe this action is required in order to provide him with an  opportunity
to fairly  compete  for  promotion  to  the  next  higher  grade..  We  also
recommend his records be corrected to show  that  he  obtained  the  minimum
nonpaid points necessary to obtain satisfactory  years  of  Federal  service
during the period in question.   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:

      a.    He was not separated from active duty on 12  May  1995,  but  on
that date, he continued to be assigned to the 96th Airlift Squadron.

      b.    He was not considered for promotion  to  the  Reserve  grade  of
major by the Fiscal Years 1997 and 1998 Air Force  Reserve  Major  Selection
Boards.

      c.    He was credited with an  additional  23  nonpaid  inactive  duty
(IDT) points during the retirement/retention year  (RRY)  13 September  1994
through 12 September 1995, resulting in  50  total  points;  and,  that  the
period  13 September  1994  through  12 September  1995   is   a   year   of
satisfactory Federal service for retirement.

      d.     For  each  of  the  retirement/retention  years  (RRYs)  ending
12 September 1996 through  12  September  1998,  he  was  credited  with  35
nonpaid inactive duty  training  (IDT)  points  and  15  membership  points,
resulting in 50 total points; and, that the RRYs  ending  12 September  1996
through 12 September 1998, are years of  satisfactory  Federal  service  for
retirement.

      e.    From 13 September 1998 to 1 May 1999, he was awarded 20  nonpaid
IDT points.

It is further recommended that, if he is considered  and  not  selected  for
promotion to the Reserve grade of major, without having two current  Officer
Performance Reports (OPRs) in his record, his nonselection(s) be set aside.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 17 December 1998, under the provisions of AFI 36-2603:

              Mr. Vaughn E. Schlunz, Panel Chairman
              Mr. Edward C. Koenig, III, Member
              Mr. Kenneth L. Reinertson, Member

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

   Exhibit A.  DD Form 149, dated 16 Jul 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.




   Exhibit C.  Letter, ARPC/DP, dated 27 Aug 98.
   Exhibit D.  Letter, AFBCMR, dated 14 Sep 98.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair