RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 98-01872 (Cs #3)
                 INDEX CODE 131.01 107.00 111.01

                 COUNSEL:  None

                 HEARING DESIRED:  No
_________________________________________________________________

APPLICANT REQUESTS THAT:

1.    He be considered for promotion to the grade of major by  Special
Selection Board (SSB)for the Calendar Year  1995A  (CY95A)  Biomedical
Sciences Corps (BSC) Major Central Selection Board below-the-promotion-
zone (BPZ) and the CY97A in-the-primary-zone (IPZ) with the  following
documents in his officer selection record (OSR):

           a. The  reaccomplished  Officer  Performance  Report  (OPR)
closing 5 June 1993.

           b. The citation for the Air Force Commendation Medal (AFCM)
for the period 6 June 1992 - 5 June 1993.

2.    The  31 July 1997 Date of  Separation  (DOS)  reflected  on  the
Officer Selection Brief (OSB) reviewed by the CY95A BSC Major Board be
removed.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was awarded his first AFCM belatedly. It,  and  the  reaccomplished
OPR, were not in his records for the CY95A and CY97A boards.  He wants
SSB consideration based  on  this  fact  and  the  corrective  actions
granted him in two previous AFBCMR appeals.

A copy of applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving on extended active duty in the grade of
major with a date of rank (DOR) of 1 October 1998.

He was considered BPZ but not selected for promotion to major  by  the
CY95A board, which convened on 5 June 1995.

The AFCM  in  question  was  not  awarded  until  27  September  1995.
Therefore, technically it didn’t exist at the  time  the  CY95A  board
convened.

In an earlier AFBCMR appeal, the  applicant  requested  that  the  OPR
closing 5 June 1993 be replaced with a reaccomplished report  for  the
same period.  The Board granted his request on 23 January 1997. A copy
of the Record of Proceedings (ROP) is  provided  at  Exhibit  C.   [It
cannot be determined why an SSB was not recommended when Case  #1  was
reviewed.]

He was considered IPZ for major by the CY97A (3 Feb 97) board and  APZ
for major by the CY98B (6 Apr 98); however, he  was  nonselected  each
time. The  Promotion  Recommendation  Forms  (PRF)  reflected  overall
recommendations of “Promote.”   The  AFCM  citation  was  not  in  his
records for either board, but the fact that he received the award  was
reflected on the OSBs for both boards.

In  a  second  AFBCMR  appeal,  the  applicant   requested   mandatory
separation date and age waivers and SSB consideration  for  the  CY97A
and CY98B selection  boards  with  certain  corrections  made  to  his
records. On 13 May 1998, the  Board  partially  granted  his  request,
recommending that he be given an age waiver effective 1 February 1995,
the DOSs on the CY97A and CY98B OSBs be removed, and he be  given  SSB
for the CY97A and, if necessary, the CY98B boards. A copy of  the  ROP
is provided at Exhibit D.

Based on the second appeal, applicant was given SSB consideration  for
the CY97A and CY98B boards on 1 December 1998  and  was  selected  for
promotion to the grade of major above-the-promotion zone (APZ) by  the
CY98B board. The citation for the AFCM was filed in his records on  27
March 1998, and the corrected version of the OPR closing 5  June  1993
was also included in his record when the CY97A SSB convened.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Appeals and SSB Branch, HQ AFPC/DPPPA, reviewed the  appeal
and stated that there would be no objection to the applicant receiving
SSB consideration BPZ for the CY95A board with the reaccomplished  OPR
in his records, especially since he  received  a  “Definitely  Promote
(DP)” recommendation  on  his  Promotion  Recommendation  Form  (PRF).
However,  the  author  is  opposed  to  including  the  AFCM  in   the
applicant’s OSR.  The decoration’s closeout date is 5  June  1993  and
the special order was published on 27  September  1995,  three  months
after the board. Neither the citation nor special order  was  due  for
file until 26 November 1995. As such, the AFCM did not exist when  the
board convened and was not required  to  be  on  file.  The  applicant
failed to  provide  any  evidence  from  the  rating  chain  or  award
authority proving the decoration was delayed. Further,  the  applicant
could have written a letter to the CY95A board president and  included
the achievements the proposed decoration emphasized. The author  found
no record the applicant wrote such a letter.  Since he did have  a  DP
recommendation on his CY95A PRF, the author believes the applicant  is
entitled to SSB consideration [with the reaccomplished OPR];  however,
inclusion of the AFCM should be denied.

A copy of the complete Air Force evaluation is attached at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed  the  advisory  and  provides  a  “Late  Decoration
Recommendation” letter from his  former  commander  that  he  recently
found stored in his files and which he wants considered in his request
for SSB consideration for his BPZ board [CY95A].

The letter from his former commander is  dated  18  May  1995  and  is
addressed to the Commander of the 8th Air Force. The former  commander
indicates  that,  after  his  departure,  “the   [applicant’s]   chain
inadvertently failed to recommend him for a decoration for meritorious
service.”

Applicant’s complete rebuttal, with attachment, is at Exhibit G.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The Chief, Appeals & SSB Branch,  HQ  AFPC/DPPPA,  verified  that  the
applicant’s corrected 5 June 1993 OPR was included in his record  when
it was considered by SSB for the CY97A board.  The  citation  for  the
AFCM was filed in his  record  on  27  March  1998;  however,  it  was
included in his record for the [CY97A] SSB.

A copy of the complete additional evaluation is at Exhibit H.

_________________________________________________________________

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the  complete  additional  advisory  was  forwarded  to  the
applicant on 21 December 1998 for review and comment 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  to  warrant  partial
relief. The applicant’s records were  correct  when  reviewed  by  the
CY97A & CY98B SSBs---the OSBs reflected award  of  the  AFCM  and  the
citation was in his records. The corrected 5 June 1993  OPR  was  also
included in his records  for  these  SSBs.  Therefore,  the  following
issues remain for this Board to consider: Whether  the  award  of  the
AFCM  should  be  backdated  so  that  it  could   be   included   for
consideration by the CY95A BPZ board; whether the amended 5 June  1993
OPR should also be included for the CY95A board’s review; and  whether
the 31 July 1997 DOS reflected on the CY95A  OSB  should  be  removed.
With respect to the AFCM citation, we agree with the recommendation of
the Air Force on this issue and adopt the rationale expressed  as  the
basis for our decision to not include it in  the  applicant’s  records
for CY95A SSB  consideration.   We  do  believe  he  should  be  given
consideration BPZ by SSB for the CY95A with the amended  5  June  1993
OPR in his records and with the 31 July 1997 DOS removed from the OSB.
In the first AFBCMR case, the Board recommended the original 1993  OPR
be replaced by the amended version. In the second  appeal,  the  Board
granted him an age waiver which was retroactively effective at a  date
before the CY95A board convened.  Therefore, we believe it appropriate
to grant the applicant SSB consideration for the CY95A board with  his
records corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that the 31 July 1997 Date
of Separation reflected on the Officer Selection Brief reviewed by the
Calendar Year 1995A (CY95A)  Biomedical  Sciences  Corps  (BSC)  Major
Central Selection Board be declared void and removed from his records.

It is further recommended that his corrected records, to  include  the
Officer Performance Report, AF Form  707B,  closing  5 June  1993  and
reflecting  a  Duty  Title  of  “Chief,  Psychological  Services,”  be
considered for promotion to the grade of major by a Special  Selection
Board for the CY95A BSC Board.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 6 April 1999, under the  provisions  of  AFI  36-
2603:

            Ms. Charlene M. Bradley, Panel Chair
            Dr. Gerald B. Kauvar, Member
            Mr. Patrick R. Wheeler, Member

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

   Exhibit A.  DD Form 149, dated 14 Jul 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  ROP (Case #1), dated 18 Mar 97.
   Exhibit D.  ROP (Case #2), dated 7 Jul 98.
   Exhibit E.  Letter, HQ AFPC/DPPPA, dated 17 Aug 98
   Exhibit F.  AFBCMR, dated 31 Aug 98.
   Exhibit G.  Letter, Applicant, dated 9 Nov 98, w/atch.
   Exhibit H.  Letter, HQ AFPC/DPPPA, dated 4 Dec 98.
   Exhibit I.  Letter, AFBCMR, dated 21 Dec 98.




                                   CHARLENE M. BRADLEY
                                   Panel Chair


AFBCMR 98-01872




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   , be corrected to show that the 31 July 1997 Date
of Separation reflected on the Officer Selection Brief reviewed by the
Calendar Year 1995A (CY95A) Biomedical Sciences Corps (BSC) Major
Central Selection Board be, and hereby is, declared void and removed
from his records.

      It is further directed that his corrected records, to include
the Officer Performance Report, AF Form 707B, closing 5 June 1993 and
reflecting a Duty Title of “Chief, Psychological Services,” be
considered for promotion to the grade of major by a Special Selection
Board for the CY95A BSC Board.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency