RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-01823
            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 Officer Performance Report (OPR), rendered  for  the  period  22 January
1995 through  21 January 1996, was not a part of his record when  considered
by the FY98 Major Board.  In addition, his selection  folder  did  not  have
the Air Force Commendation Medal (AFCM) for the period 20 August 1990 to  31
July 1993.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was considered and not  selected  for  promotion  to  the  Reserve
grade of major by the FY98 AF Reserve Major PV Selection Board.

Applicant's Officer Performance Report (OPR) closing  21 January  1996,  was
not in his selection folder when the FY98 board convened.  The OPR  was  not
received at ARPC until 12 September 1997.

The AFCM for the period 20 August 1990 to 31 July 1993 was awarded 30  March
1998 and was not required to be in his record.

OPR profile since 1991, follows:

           PERIOD ENDING           EVALUATION OF POTENTIAL

                       19 Feb 91             Meets Standards
                       19 Feb 92             Meets Standards
                       19 Feb 93             Meets Standards
No report for the period 20 Feb 93 through 20 Jan 95
                       21 Jan 95             Meets Standards
                   *   21 Jan 96             Meets Standards
                       21 Jan 97             Meets Standards
                       21 Jan 98             Meets Standards
                       21 Jan 99             Meets Standards

* Report in question.

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:

The applicant reviewed the advisory opinion and states that he  had  an  OPR
done for a change of rater that never made it into his file.  That  OPR  was
done in June 1996.  As for the medal, this should have been  in  his  folder
almost three years ago.  The paperwork was lost.  It took until  March  1998
to correct this
oversight.  He completed everything he needed to do;  however,  he  was  let
down  by  the  people  who  process  paperwork  which  has  jeopardized  one
opportunity for him to be promoted.

Applicant's complete response is attached at Exhibit E.

_________________________________________________________________

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 with the inclusion  of
the OPR closing out 21 January 1996. The Air Force  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.   We  do
not, however, believe the AFCM dated 30 March 1998, should  be  included  in
his record.  The Air Force states that the AFCM was not completed  until  31
March 1998, after the board convening date.   In  accordance  with  AFI  36-
2803, citations and special orders are forwarded within 30 days of the  date
the special order is published.  In order for the decoration to become  part
of the officer’s selection folder, the date of the order must  be  prior  to
the board convening date.  Therefore,  we  do  not  recommend  the  AFCM  be
placed in his record to be considered for promotion to the Reserve grade  of
major.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, to include the Company Grade Officer  Performance  Report,  AF
Form 707B, rendered for the  period   22 January  1995  through  21  January
1996, 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 26 Jun 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DP, dated 17 Aug 98.
   Exhibit D.  Letter, AFBCMR, dated 31 Aug 98.
   Exhibit E.  Applicant’s Response, dated 21 Sept 98.





                                   MARTHA MAUST
                                   Panel Chair

AFBCMR 98-01823




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 Company Grade Officer Performance Report,
AF Form 707B, rendered for the period  22 January 1995 through 21 January
1996, 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