AFBCMR 97-01773





MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR

SUBJECT:

      Having carefully reviewed this application, we agree with the
recommendation of the Air Force 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


Attachment:
Ltr, ARPC/DPPB, dtd 21 Jun 99




AFBCMR 97-01773







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 APPLICANT be corrected to show that he was promoted to the
Reserve grade of major, with effective and promotion service date of 12
August 1997.






                 RAYMOND H. WELLER
                 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:  97-01773
            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:

His Military Personnel Flight did not provide a letter  of  notification  to
his commander stating his eligibility for promotion under PV.

In support of his appeal, applicant has provided a  copy  of  his  Promotion
Recommendation Form (PRF) and a letter from the senior rater.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving in the Air Force  Reserve  in  the  grade  of
captain.

The applicant met all the requirements for PV promotion by  the  FY98  Major
board; however; no PRF package was received.

OPR profile since 1993, follows:

           PERIOD ENDING           EVALUATION OF POTENTIAL

                       20 Jul 93             Meets Standards
                       20 Jul 94             Meets Standards
                       20 Jul 95             Meets Standards
                       20 Jul 96             Meets Standards
                       20 Jul 97             Meets Standards

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  ROPMA,  they  do
not have the authority to hold  SSBs  for  PV  promotions.   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 12 January 1998, 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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice warranting promotion  consideration
to the Reserve grade of major
by Special Review Board.  The Air Force also states that under  the  Reserve
Officer Personnel Management Act (ROPMA), they do not have the authority  to
hold Special Selection Boards for  position  vacancy  promotions.   However,
this Board has the authority to direct that a Special Review Board  be  held
to determine whether  or  not  an  officer  would  have  been  selected  for
promotion, when it has been determined that their record  was  in  error  or
was not properly considered.  In view  of  the  fact  that  the  applicant’s
record was in error when considered by the FY98 PV Board, 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, 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  Reserve  Major  Position  Vacancy  Selection
Board; and that the recommendation of the Special Review Board be  forwarded
to the Air Force Board for Correction of Military Records  at  the  earliest
practicable date so that  all  necessary  and  appropriate  actions  may  be
completed.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 30 March 1999, under the provisions of AFI 36-2603:

                  Ms. Martha Maust, Panel Chair
                  Ms. Sophie A. Clark, Member
              Dr. Gerald B. Kauvar, Member

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

   Exhibit A.  DD Form 149, dated 15 May 97, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DPJA, dated 15 Dec 97.
   Exhibit D.  Letter, AFBCMR, dated 12 Jan 98.




                                   MARTHA MAUST
                                   Panel Chair






AFBCMR 97-01773




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 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 Reserve Major Position Vacancy
Selection Board; and that the recommendation of the Special Review Board be
forwarded to the Air Force Board for Correction of Military Records at the
earliest practicable date so that all necessary and appropriate actions may
be completed.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency