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AF | BCMR | CY1999 | 9800304
Original file (9800304.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-00304
            INDEX CODE:  131.10, 111.01, 131.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His two non-selections for promotion to the grade of major in  the
Air Force Reserve be declared null and void.

2.   The  Officer  Performance  Report   rendered   for   the   period
through 30 July 1991 be declared void and removed from his records.

3.  His record be corrected to reflect selection for promotion to  the
grade of major as if selected by the FY96 Reserve  of  the  Air  Force
Line Major Selection Board.

4.  His records be corrected to reflect continuous  duty  in  the  Air
Force Reserve since his separation based on promotion non-selection to
include restoration of all pay, benefits, and any entitlements.

_________________________________________________________________

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  are  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 Staff.   Accordingly,  there  is  no
need to recite these facts in this Record of Proceedings.

_________________________________________________________________




AIR FORCE EVALUATION:

The Staff Judge Advocate, reviewed  the  application  and  recommended
denial.  A complete copy of the evaluation is attached at Exhibit C.

The Director of Personnel Program Management,  ARPC/DP,  reviewed  the
application and recommended  disapproval.   A  complete  copy  of  the
evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant  reviewed  the  Air  Force  evaluation  and  provides  a
response which is attached at Exhibit F.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice.  We took notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Staff
and adopt their rationale as the basis for  our  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or   injustice.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

4.    The applicant's case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  material  error  or  injustice;
that the application was denied without  a  personal  appearance;  and
that the application will only be reconsidered upon the submission  of
newly  discovered  relevant  evidence   not   considered   with   this
application.

_________________________________________________________________

The following members of the Board considered this application  on  26
May 1999, under the provisions of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Panel Chair
                 Mr. Charles E. Bennett, Member
                 Mr. Jackson A. Hauslein, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 26 Jan 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/JA, dated 20 Apr 98.
   Exhibit D.  Letter, ARPC/DP, dated 4 May 98.
   Exhibit E.  Letter, AFBCMR, dated 18 May 98.
   Exhibit F.  Applicant's response, dated 1 Jul 98, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Panel Chair

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