AFBCMR 98-01497
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 promoted to the Reserve
grade of major, with effective and promotion service date of 8 March 1996.





                 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:  98-01497

            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 1997 (FY97) and  1998  (FY98)  Air
Force Reserve Major Position Vacancy (PV) Selection Boards.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was nominated for a unit vacancy promotion in FY 1996,  although  he  was
not eligible.  He was eligible in FY 1997, but due to a change of  reporting
official, and because his new reporting official was  not  notified  by  the
local  military  personnel  flight  of  his  eligibility  for  unit  vacancy
promotion, he was not nominated.  He is, again, eligible in FY 1998.

In support of his appeal, applicant has provided a  copy  of  his  Promotion
Recommendation Form (PRF).

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  FY97  and
FY98 Major Boards; however, no PRF packages were received.

OPR profile since 19913, follows:

           PERIOD ENDING           EVALUATION OF POTENTIAL

                       10 Aug 91             Meets Standards
                       10 Aug 92             Meets Standards
                       10 Sep 93             Meets Standards
             No report for the period 11 Sep 93 through 09 Feb 95
                       10 Feb 95             Meets Standards
                       10 Feb 97             Meets Standards
                       10 Dec 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/DP,  reviewed  this
application and states that at the present time, under 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 20 July 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
FY97 and FY98 PV Boards, 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 U0497A, 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 1997 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.

If he is not selected for promotion to the grade  of  major  by  the  Fiscal
Year 1997 Special Review Board, then we recommend that he 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 22 Aug 97, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DP, dated 6 Jul 98.
   Exhibit D.  Letter, AFBCMR, dated 20 Jul 98.





                                   MARTHA MAUST
                                   Panel Chair


AFBCMR 98-01497




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  , to include the attached Promotion Recommendation Form, AF
Form 709, for cycle U0497A, 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 1997 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.

      If he is not selected for promotion to the grade of major by the
Fiscal Year 1997 Special Review Board, then it is directed that he 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