RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-00694
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be retroactively promoted to the grade of major.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He states that  he  was  not  notified  of  his  eligibility  for  promotion
consideration by the FY99 Reserve Selection Board.  This error  is  material
because of a critical period of inactive service that  required  explanation
to the selection board.  He has experienced a 5 month inactive period  prior
to the FY98 promotion board  waiting  for  the  Air  Force  to  process  his
application for a reserve assignment.  This error (nine month cycle time  to
process an application) caused an inactive period which in turn resulted  in
his  nonselection.   His  application  was  submitted  9  July   1997;   his
Individual Mobilization Augmentee (IMA) assignment  was  effective  2  March
1998.

In support of his appeal, the applicant provided a personal  brief,  ARPC/DP
Memo, dated 28 August 1998, Application for Ready Reserve  Assignment,  ARPC
Reserve Order dated 9 February 1998, AF Form 40A  --  Record  of  Individual
Inactive  Training,  Memorandum  from  Brigadier  General  Sieg,  dated   17
February 1999, Memorandum from Mr. Caudill, dated 20 November 1998.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve,  in  the  grade
of captain.

He was assigned to  the  Nonobligated  -  Nonparticipating  Ready  Personnel
Section (NNRPS) since he did not have an approved  Reserve  assignment.   He
applied for Reserve assignment on 9 July 1997, approval for  the  assignment
was effective 2 March 1998.

Applicant was considered and not  selected  for  promotion  to  the  Reserve
grade of major by the FY99 Selection Board, which convened on 2 March  1998.
 He was considered and selected for promotion to the grade of major  by  the
FY00 Selection Board, which convened on 1 March 1999.

Applicant's OPR profile follows:

      PERIOD ENDING    OVERALL EVALUATION

      20 Sep 94  TRAINING REPORT (TR)
      20 Sep 95  MEETS STANDARDS (MS)
      20 Sep 96          MS
      30 Aug 97          MS
       1 Mar 98  NO REPORT AVAILABLE (AF Form 77)
#  1 Dec 98         MS


#Top report on file by the FY99 selection board.

_________________________________________________________________

AIR FORCE EVALUATION:

The Director of Personnel Program  Management,  HQ  ARPC/DP,  reviewed  this
application and states that applicant was not notified  of  eligibility  for
promotion.  Due to  the  lengthy  process  of  his  reserve  assignment,  he
experienced a five month  inactive  period  prior  to  the  FY99  Air  Force
Reserve Major Selection Board promotion board.

The applicant was identified as eligible for promotion  consideration.   All
officer pre-selection briefs (OSB) and  eligibility  letters  for  the  FY99
major board were mailed on 6 October 1997.  Although the  appointment  order
reflects a Rockford IL   address,  the  applicant’s  brief  and  letter  was
mailed to 5263 Coco Drive, Huber Heights, OH  45424, the address  maintained
in the Personnel Data System (PDS).

The applicant’s OSB was mailed to the Ohio address that  was  maintained  in
PDS.  This address appears on  his  AF  Form  1288,  Application  for  Ready
Reserve Assignment, signed 9 July 1997.  This same address also  appears  on
correspondence sent  at  later  dates.   The  assignment  orders  that  were
published on 9 February 1998 and  on  the  letter,  dated  28  August  1998,
informing the applicant that he was not recommended for promotion were  both
sent to the Ohio address.  Reserve  members  are  responsible  for  ensuring
that their addresses maintained in the PDS are current and correct.

There are no provisions within  the  law  that  would  allow  a  retroactive
promotion to the grade of major  unless  a  special  selection  board  (SSB)
selects the applicant for promotion.

If the AFBCMR agrees with the applicant,  the  following  action  should  be
taken:  The applicant should be granted SSB consideration for the  FY99  Air
Force Reserve Major board.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and  states  that  ARPC/DP’s
memo indicates that his  preselection  brief  and  eligibility  notification
were mailed to the wrong address.

The major issue addressed in his application is that he was unaware  of  the
March 1998 Majors Selection Board.  Because he was unaware of the board,  he
had no opportunity to contact the board to  explain  a  critical  period  of
inactive service.  He believes  that  if  he  had  explained  this  inactive
period to the board, he would have been promoted.

The 8 October 1997 ARPC reserve order is proof that  ARPC  was  notified  of
his correct mailing address.  The order was correctly addressed.  It is  not
possible that ARPC could have  mailed  the  order  to  the  correct  address
without first having been notified of that correct address.  He assumed,  as
any reasonable person would, that ARPC’s address records were  correct.   He
had no way of knowing that  they  had  and  would  continue  to  mail  other
important documents to an old address.  He states that ARPC had an  internal
communication problem.  The office responsible for issuing orders  used  the
correct address.  The office responsible for promotion eligibility used  the
wrong address.  ARPC can provide no evidence that he is responsible for  its
incorrect  mailing  addresses.   He,  however,  has   provided   irrefutable
evidence  that  they  received  notification  of  his  address  change,  but
nonetheless, continued using the old address for nearly one year.

Applicant's complete response 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
circumstances surrounding the delay in obtaining an assignment,  we  believe
the processing time was excessive.  In  this  regard,  it  appears  that  he
applied for an assignment in July 1997 and was informed  of  his  assignment
in February 1998.  In addition,  it  appears  that  the  applicant  was  not
notified of his eligibility for promotion  consideration  to  the  grade  of
major by the FY99 selection board.  Applicant was  considered  and  selected
for promotion by the FY00 major board and  will  be  promoted  on  1 October
1999.  In view of the  delay  in  obtaining  an  assignment  and  not  being
properly notified of his consideration for promotion by the FY99  board,  we
believe that the only appropriate  relief  at  this  point  in  time  is  to
recommend his promotion to the grade of major by the FY99 board.   Therefore
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, be corrected to show that  he  was  promoted  to  the  Reserve
grade of major with a promotion service date and  promotion  effective  date
of 1 October 1998.

_________________________________________________________________

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 20 November 1998, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ ARPC/DP, dated 29 April 1999, w/atchs.
   Exhibit D.  Letter, SAF/MIBR, dated 17 May 1999.
   Exhibit E.  Applicant’s Response, dated 15 June 1999, w/atchs.




                 THOMAS S. MARKIEWICZ
                 Panel Chair


AFBCMR 99-00694





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 xxxxxxx, be corrected to show that he was promoted to the
Reserve grade of major with a promotion service date and promotion
effective date of  1 October 1998.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency