RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-00667
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His non-selection for promotion to the Reserve grade of major by the  Fiscal
Year 1999 (FY99) Air Force Reserve Major Selection Board be set aside.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not actively participating  in  the  Reserve,  but  was  receiving  a
stipend while in Surgical/Critical Care -  Trauma  Fellowship  Training  and
sitting for  surgical  board  certification.   He  states  he  has  not  yet
attended commissioned officers training.

Applicant’s complete submission is attached at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving in the Air Force Reserve  Medical  Corps,  in
the grade of captain.

On 15 January 1996, applicant signed his original oath as a captain  in  the
Reserve medical corps.

At the time of his appointment,  he  was  given  constructive  credit  which
established his date of rank (DOR) to captain as 15  January  1990  and  his
total years service date (TYSD) as 1 July 1985.

On 7 July 1997, he was appointed and entered the stipend program as  a  full
stipend student.  The  surgical  tramatology/critical  care  fellowship  was
completed on 30 June  1998.   The  applicant  is  also  board  certified  in
surgery.

On 10 November 1998, applicant was assigned to the  89th  Medcial  Group  at
Andrews AFB.


Applicant was considered and not  selected  for  promotion  to  the  Reserve
grade of major by the FY99 (2 March 1998)  and  the  FY00   (1  March  1999)
Selection Boards.

The only documents in  the  Officer  Selection  Folder  for  review  by  the
selection boards were two AF Forms 77 dated 15 January  1996  to  1  October
1996 and 2 October 1996 to 9 November  1998.   Both  documents  contain  the
statement “Not rated for the above period.   Report  is  not  available  for
administrative reasons.”

_________________________________________________________________

AIR FORCE EVALUATION:

The Director of Personnel Program  Management,  HQ  ARPC/DP,  reviewed  this
application and states that the applicant sent a letter to the President  of
the FY00 board explaining his participation and completion  of  the  stipend
program and his recent assignment.

Under the Reserve Officer Personnel Management Act, a  Reserve  officer  who
is on the Reserve Active Status List  and  meets  the  eligibility  criteria
must meet the promotion selection boards.  At the present time there are  no
policies in place for members  who  are  in  the  stipend  program  and  not
actively participating.  Therefore, they  recommend  denial  of  applicant’s
request.

If the AFBCMR disagrees with  their  recommendation,  the  applicant’s  name
should be removed from the FY99 non-select list.  If  not  selected  by  the
FY00 Major Selection Board, the applicant should  be  allowed  to  meet  the
FY01 board that convenes in March 2000.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air  Force  evaluation  and  provided  additional
documentation that 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.  After reviewing the  evidence  of
record, we are persuaded that the applicant did not have sufficient time  to
develop a performance record  prior to being considered for  promotion.   We
note that at the time he was considered for promotion to the grade of  major
the only documents in his selection folder were two AF Forms  77  containing
the statement  that  he  was  not  rated.   The  Air  Force,  based  on  his
credentials, commissioned the applicant in 1996, and allowed  him  to  enter
the   stipend   program.    The    applicant    completed    the    surgical
tramatology/critical care fellowship  in  June  1998.   As  the  record  now
stands, it appears the applicant will be separated from the  Reserves  based
on his two non-selection for promotion, without being given  an  opportunity
to establish a record to compete for promotion with his peers.  In  view  of
the above, we  believe  that  the  applicant  has  been  the  victim  of  an
injustice.  Therefore, we recommend his non-selections for promotion to  the
Reserve grade of major be removed from his records.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that he was not considered for  promotion
to the Reserve grade of major by the Fiscal Year 1999  and  2000  Air  Force
Reserve Major Selection Boards.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 19 August 1999, under the provisions of AFI 36-2603:

            Mr. Thomas S. Markiewicz, Panel Chair
            Mr. Grover L. Dunn, Member
            Mr. Steven A. Shaw, Member

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

   Exhibit A.  DD Form 149, dated 2 February 1999, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ ARPC/DP, dated  26 April 1999.
   Exhibit D.  Letter, SAF/MIBR, dated 17 May 1999.
   Exhibit E.  Applicant’s Response, undated, w/atchs.




                 THOMAS S. MARKIEWICZ
                 Panel Chair

AFBCMR 99-00667





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 xxxxxxxxx, be corrected to show that he was not  considered  for
promotion to the Reserve grade of major by the Fiscal  Year  1999  and  2000
Air Force Reserve Major Selection Boards.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency