RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-03026
            INDEX CODE:     131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

1.    His in-the-promotion-zone (IPZ)  nonselection  for  promotion  to  the
grade of major by the Calendar Year  1998  (CY98)  Central  Major  Selection
Board be set aside.

2.    His records be corrected to show that  he  was  considered  below-the-
promotion-zone (BPZ) for promotion to the grade of major by the CY98 board.

3.    He be considered IPZ for promotion  to  the  grade  of  major  by  the
Calendar Year 1999 (CY99) Central Major Selection Board.


APPLICANT CONTENDS THAT:

He should not have been considered IPZ by the  CY98  board  because  he  had
less than 2 years of service since his return to active duty.  In  addition,
he met the CY98 board less than one year of being qualified in a new  weapon
system, assigned to a new squadron, and a new major command (MAJCOM).

The applicant also contends that his record was incomplete at  the  time  of
his consideration by the CY98 board.  In this respect, he notes the  Officer
Performance  Report  (OPR),  closing  14  March  1998,  and  the  Air  Force
Commendation Medal, Third Oak Leaf Cluster (AFCM, 3 OLC) were  missing  from
his records.

The applicant states that in 1992 he was  separated  under  a  Reduction-in-
Force (RIF) and entered the Air Force Reserve.  Due to the pending RIF,  the
1992 Regular Air Force Appointment Board was canceled.  As a result, he  was
denied the opportunity to complete for  a  regular  commission  which  would
have made him immune to the RIF and more competitive for  promotion  to  the
grade of major.

In support of the appeal, applicant submits a  statement  from  the  Tactics
Officer, Air Force Reserve Command (AFRC), indicating that through no  fault
of his own, the AFCM, 3 OLC, on the applicant  was  lost  in  the  personnel
system.  The  applicant  also  submits  a  copy  of  a  message  from  AFMPC
regarding the eligibility criteria for officers applying for EAD.

The applicant’s complete submission is attached at Exhibit A.


STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the  grade  of
major.

The applicant was considered in-the-promotion-zone (IPZ)  for  promotion  to
the grade of major by the CY98 Central Major Selection Board which  convened
on 6 April 1998.

On 14  May  1998,  the  OPR,  closing  14  March  1998,  was  filed  in  the
applicant’s Officer Selection Record (OSR).

The applicant was considered and selected for  promotion  to  the  grade  of
major by the CY99 Central Major Selection Board.

The applicant was promoted to the grade of major, effective  and  with  date
of rank of 1 August 1999.

Applicant’s OPR profile follows:

         PERIOD ENDING             EVALUATION OF POTENTIAL

           10 Oct 88                 Meets Standards (MS)
           10 Oct 89                          MS
            5 Mar 90                          MS
            5 Mar 91                          MS
            5 Mar 92                          MS
            1 Dec 92                          MS
            1 Dec 93                          MS
            1 Dec 94                          MS
            1 Dec 95                          MS
            1 Dec 96                          MS
   2 Dec 96 - 14 Mar 97      No report required IAW AFI 36-2402
          * 2 Jul 97                 Training Report (TR)
           14 Mar 98                          MS

* Top report reviewed by the CY98B


AIR FORCE EVALUATION:

The  Chief,  Officer   Promotion   Section,   AFPC/DPPPOO,   reviewed   this
application and states that it is not unusual for officers  to  be  returned
to active duty as if they had no break in  service  and  become  immediately
eligible for promotion.  The guidance cited by  the  applicant  states  that
recalled pilots  and  navigators  should  not  be  IPZ  within  2  years  of
returning to service; however,  due  to  the  critical  shortages  of  rated
officers at that time, the requirement was rescinded in November 1996.

AFPC/DPPPOO states that it is also not unusual for late closing OPRs  to  be
provided to promotion boards just prior to convening or  while  in  session.
The documentation submitted by the applicant indicates the date the OPR  was
forwarded to the MAJCOM,  not  AFPC.   Given  the  proximity  of  the  board
convening date, the Military Personnel Flight  (MPF)  should  have  faxed  a
copy of the OPR to ensure its addition  to  the  Officer  Selection  Records
(OSR).  The applicant did not exercise reasonable diligence in  that  he  or
the MPF could have faxed the final OPR  to  AFPC  well  in  advance  of  the
board.

In regard to the AFCM, 3 OLC, AFPC/DPPPOO, states  that  applicant  provides
no documentation as to what action, if any, he took prior to  the  board  to
ensure it was  in  his  record.   The  applicant  was  provided  an  Officer
Preselection Brief approximately 100 days prior to the board,  and  had  the
opportunity to determined the status of his decoration  from  the  Reserves.
Furthermore, the statement provided by applicant indicates the AFCM, 3  OLC,
was never awarded and was lost in the Air Force  Reserve  personnel  system.
Therefore, they recommend denial of his requests.

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

The Chief, Appeals and SSB Branch,  AFPC/DPPPA,  reviewed  this  application
and states that OPRs are due  for  file  at  AFPC  no  later  than  60  days
following the closeout date of the report.  In  the  applicant’s  case,  his
OPR was not due for  file  until  14  May  1998  -  well  after  the  board.
Furthermore, the applicant has  provided  nothing  from  the  evaluators  to
indicate they intended to have the OPR filed in time to meet  the  board  or
that they made extraordinary efforts to have it filed  prior  to  the  board
convening date.

AFPC/DPPPA states that no  evidence  has  been  presented  to  indicate  the
applicant was ever awarded the  AFCM,  3  OLC.   Without  the  citation  and
special order,  they  can  only  conclude  the  decoration  is  nonexistent.
However, should the applicant provide such documentation,  they  would  like
the opportunity to once again review and make a recommendation.   Therefore,
they recommend denial of applicant’s requests.

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


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete  copies  of  the  Air  Force  evaluations  were  forwarded  to  the
applicant on 4 January  1999,  for  review  and  response  within  30  days.
However, 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.    Insufficient relevant evidence has been presented to  demonstrate  the
existence  of  probable  error  or  injustice.   We  took  notice   of   the
applicant's complete submission in judging the merits of the case;  however,
we agree with the opinions and recommendations of the Air  Force  and  adopt
their rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error or injustice.   Therefore,  in  the  absence  of
evidence to the contrary, we find no compelling basis to recommend  granting
the relief sought in this application.


THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable material error or injustice; that the  application
was denied without a personal appearance;  and  that  the  application  will
only be reconsidered  upon  the  submission  of  newly  discovered  relevant
evidence not considered with this application.


The following members of the Board considered this application in  Executive
Session on 23 September 1999, under the provisions of AFI 36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Mr. Edward H. Parker, Member
                  Mr. Laurence M. Groner, Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 23 Oct 98, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPOO, dated 4 Dec 98.
      Exhibit D.  Letter, AFPC/DPPPA, dated 17 Dec 98.
      Exhibit E.  Letter, SAF/MIBR, dated 4 Jan 99.




             RICHARD A. PETERSON
                                  Panel Chair