RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02153
            INDEX CODE: 131.01

            COUNSEL:  NONE

            HEARING DESIRED:  Not Indicated


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to the Reserve  grade  of  major  by  Special
Selection Board (SSB) for the Fiscal Year  1999  (FY99)  Air  Force  Reserve
Major Position Vacancy (PV) Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His promotion recommendation was not  forwarded  to  the  Reserve  Personnel
Center for proper consideration due to administrative oversight.

In support of his appeal,  applicant  has  provided  a  statement  from  his
commander and a 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  FY99  Major
Board; however, no PRF package was received.

OPR profile since 1993, follows:

           PERIOD ENDING           EVALUATION OF POTENTIAL

                       11 Aug 93             Meets Standards
                       11 Aug 94             Meets Standards
                       11 Aug 95             Meets Standards
                       11 Aug 96             Meets Standards
                       11 Aug 97             Meets Standards
                       11 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 Director of Personnel Program  Management,  HQ  ARPC/DP,  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:

On 5 October 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
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 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 1999 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 30 Jul 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DP, dated 18 Sep 98.
   Exhibit D.  Letter, AFBCMR, dated 5 Oct 98.




                                   MARTHA MAUST
                                   Panel Chair

AFBCMR 98-02153




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 U0499A, 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 1999 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