AFBCMR 98-01761
INDEX CODE: 9801761






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 lieutenant colonel, with effective and promotion service date of
28 August 1998.





                 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:  98-01761

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to the Reserve grade  of  lieutenant  colonel
by Special Selection Board (SSB) for the Fiscal Year 1999 (FY99)  Air  Force
Reserve Lieutenant Colonel Judge Advocate Position  Vacancy  (PV)  Selection
Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was identified as being eligible for  a  position  vacancy  promotion  to
lieutenant colonel by the 349th Military Personnel Flight.  The  roster  was
given to the wing commander’s executive officer, but was never forwarded  to
the wing commander for action.

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
major.

The applicant met  all  the  requirements  for  PV  promotion  by  the  FY99
Lieutenant Colonel Board; but his  PRF  was  never  forwarded  to  the  wing
commander for action, due to changes in key personnel and confusion  by  his
senior staff in properly identifying him as an eligible candidate.

OPR profile since 1991, follows:

           PERIOD ENDING           EVALUATION OF POTENTIAL

                       12 Aug 91             Meets Standards
                       12 Aug 92             Meets Standards
                       12 Aug 93             Meets Standards
                       12 Aug 94             Meets Standards
                       12 Aug 95             Meets Standards
                       12 Aug 96             Meets Standards
                       12 Aug 97             Meets Standards
                       12 Aug 98             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  Deputy  Director,  Directorate  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 31 August 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 lieutenant colonel 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 FY99 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 U0499A, be  considered  for  promotion  to  the  Reserve
grade of lieutenant colonel 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  1999  Air  Force  Reserve  Lieutenant  Colonel
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, undated, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DP, dated 7 Aug 98.
   Exhibit D.  Letter, AFBCMR, dated 31 Aug 98.




                                   MARTHA MAUST
                                   Panel Chair


AFBCMR 98-01761




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 U0599A, be considered for promotion to the Reserve
grade of lieutenant colonel 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 Lieutenant Colonel
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