RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-01109
            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:

A review of her records show that prior active duty commissioning  time  was
not accounted for by administrative  error.   With  the  correction  of  her
promotion service date (PSD), results were  that  she  was  eligible  to  be
considered by the FY99 Air Force Reserve Major PV Selection Board.

In support of her appeal, applicant has provided a copy of a letter from  HQ
ARPC/DPJA, dated 19 April 1999.

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 was not identified as eligible for PV promotion  by  the  FY99
PV board that convened 2 March 1998 based on her date of  rank  (DOR)  of  8
May 1996.

OPR profile since 1997, follows:

           PERIOD ENDING           EVALUATION OF POTENTIAL

                       07 May 97             Meets Standards
                       07 May 98             Meets Standards
                       07 May 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.

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/DPJA,  reviewed  this
application and states that:

      a.    Applicant’s record was subsequently reviewed in October 1998  by
ARPC/DPPBA and the DOR was changed from 8 May 1996 to 14 February 1994.

       b.     Eligibility  for  PV  promotion  consideration  requires   the
officer’s senior rater to  nominate  the  candidate  via  an  AF  Form  709,
Promotion Recommendation Form.  None was provided by the applicant.

      c.    At  the  present  time,  under  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:

The applicant reviewed the Air Force evaluation  and  provides  an  AF  Form
709, promotion recommendation form, signed by her senior rater in 1998.

Applicant's complete response, with attachment, 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 warranting promotion  consideration
to the Reserve grade of major  by  Special  Review  Board.   The  Air  Force
states that under the Reserve  Officer  Personnel  Management  Act  (ROPMA),
they do not  have  the  authority  to  hold  Special  Selection  Boards  for
position vacancy (PV) 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.   We  note
that the applicant was identified as ineligible  for  PV  promotion  by  the
FY99 board because her date of rank was incorrect.   In  view  of  the  fact
that the applicant’s record was in error when  considered  by  the  FY99  PV
Board, we recommend her 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 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 5 October 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 12 Nov 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DPP, dated 29 Jun 99.
   Exhibit D.  Letter, AFBCMR, dated 19 Jul 99.
   Exhibit E.  Applicant’s Response, dated 27 Aug 99, w/atchs.





                                   MARTHA MAUST
                                   Panel Chair




AFBCMR 99-01109




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 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.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency