AFBCMR 99-00517
INDEX CODE: 131.05






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 she was promoted to the
Reserve grade of major, 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:  99-00517
            INDEX CODE: 131.01

            COUNSEL:  NONE

            HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

She 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:

Due to an administrative error, she missed an opportunity  to  be  nominated
for a position vacancy promotion to major by the  2 March  1998  Board.   If
she had been properly identified as eligible, she would have been  nominated
with a promotion recommendation form (PRF) by her Senior Rater.

In support of her appeal,  applicant  has  provided  a  statement  from  the
Directorate of Personnel, HQ USAFA/DPX, and a 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 1995, follows:

           PERIOD ENDING           EVALUATION OF POTENTIAL

                       20 Feb 95             Meets Standards
                       20 Feb 96             Meets Standards
                       20 Feb 97             Meets Standards
                       20 Feb 98             Meets Standards
                       15 Jan 99             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.

_________________________________________________________________

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 April 1999, 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.   Although  the
Reserve Officer Personnel Management Act (ROPMA)  does  not  authorize  SRBs
for PV promotions, since  the  applicant  was  not  considered  for  such  a
promotion through no fault of her  own,  equity  dictates  that  the  relief
sought be granted.

_________________________________________________________________

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 U0500B, be  considered  for  promotion  to  the  Reserve
grade of major by a Special Review Board; that her 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 7 May 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 8 Jan 99, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DP, dated 19 Mar 99.
   Exhibit D.  Letter, AFBCMR, dated 5 Apr 99.




                                   MARTHA MAUST
                                   Panel Chair

AFBCMR 99-00517




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 U0500b, 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