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AF | BCMR | CY1999 | BC-1993-02678A
Original file (BC-1993-02678A.doc) Auto-classification: Approved

                                 ADDENDUM TO
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  93-02678
            INDEX NUMBER:  111.01, 111.05
            COUNSEL:  GEORGE E. DAY

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

The AFBCMR’s findings of 7  October  1996  ordering  him  to  Extended
Active Duty (EAD) and Undergraduate Pilot Training (UPT) be amended to
include direction that his date of rank (DOR) to the grade of  captain
be adjusted to 15 March 1995, rather than 4 January 1992, and that the
Education/Training Report, rendered for the period 2 July 1988 through
12 April 1989, be removed from his records.

By letter dated 3 June 1999, the applicant withdrew his  request  that
his DOR to the grade of captain be changed (Exhibit K).

___________________________________________________________________

APPLICANT CONTENDS THAT:

Through counsel, applicant contends that upon reentering  active  duty
his DOR to captain was automatically adjusted from 25 June 1989  to  4
January 1992.  This adjustment placed him in the 1988 year group which
was scheduled to meet a primary promotion board for major on  8  March
1999.  In addition to the difficulty presented by his adjusted DOR, he
has to contend with two substantial gaps  in  his  evaluation  record.
First, the AFBCMR, by deciding in his favor  and  reinstating  him  to
pilot training, invalidated the original April  1989  training  report
from pilot training which spanned nine months and ten  days.   Second,
his last OPR was closed out 12 April 1992, eight months  and  19  days
before he separated.  Unlike his peers, he  will  have  no  documented
performance for a gap of nearly five years.

He  is  also  at  a  disadvantage  with  respect  to  the  number   of
opportunities to meet a promotion board for major.  Under current  Air
Force policy a captain has two opportunities at a below the  promotion
zone (BPZ) promotion prior to his primary board.  Unlike most  of  his
peers, he was ineligible for his two year BPZ board due to  Air  Force
policy requiring at least six months of active duty before  meeting  a
promotion board.

He reported to his first flying assignment senior in grade  by  virtue
of time accrued while separated from the Air Force.  It is not hard to
see that a  senior  captain  pilot  fresh  from  pilot  training  with
virtually no flying experience and no service record for the  previous
five years faces an unfair burden that none of his peers have to bear.
 Without flying experience he cannot  compete  for  the  positions  of
leadership necessary to display the potential for advancement  in  the
rated career field.

Counsel’s complete statement and  documentation  associated  with  the
computation of applicant’s adjusted DOR are at Exhibit G.

___________________________________________________________________

STATEMENT OF FACTS:

A chronology of applicant’s service history  prior  the  events  under
review is contained in the statement of facts section on the  original
record of proceedings.  Therefore, they will not be  recited  in  this
Addendum to the Record of Proceedings.

In its previous decision, the Board recommended that the applicant  be
ordered to extended active duty to be entered into Undergraduate Pilot
Training (UPT)  in  the  earliest  possible  class  and,  provided  he
successfully completed UPT, that he be continued  on  extended  active
duty for an indefinite  period.   (See  Record  of  Proceedings,  with
Exhibits A through F.)

On 22 March 1997, applicant entered active duty in the  Reserve  grade
of captain.  He had 3 years, 6 months, and 6 days of  previous  active
duty commissioned service in the grade  of  captain,  and  1  year,  8
months, and 12 days of inactive commissioned service in the  grade  of
captain, for a total creditable service credit of 5 years,  2  months,
and 18 days.  This time was subtracted from the EAD of  22 March  1997
to arrive at an adjusted DOR of 4 January 1992.

A resume of applicant’s OER/OPR profile follows:

     PERIOD CLOSING    OVERALL EVALUATION

       31 Mar 86 1-1-X
       30 Sep 86 1-1-1
       31 Mar 87 1-1-1
       31 Dec 87 1-1-1 (w/LOE)
        1 Jul 88 1-1-1
   *   12 Apr 89 Education/Training Report (TR)
       12 Apr 90 Meets Standards (MS)
       12 Apr 91 MS
       12 Apr 92 MS
       13 Apr 92 - 21 Mar 97 - No report available.  Report not
            required according to AFI 36-2402.
       10 Apr 98 TR

* Contested training report.

The applicant was considered and selected for promotion  by  the  CY99
Central Major Selection Board.
___________________________________________________________________

AIR FORCE EVALUATION:

The  Line  Officer  Procurement  Branch,  AFPC/DPPAOR,  reviewed  this
application and stated that at the time applicant  entered  on  active
duty on 22 May 1997, his date of rank was computed in accordance  with
the existing regulations.  (Exhibit H)

The Appeals and SSB Branch, AFPC/DPPPA, reviewed this application and,
based on the AFBCMR’s previous decision of 7  October  1996,  did  not
object  to  removal  of  the  contested  training  report   from   the
applicant’s record and insertion of an AF Form  77  in  place  of  the
voided report.  (Exhibit I)

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force  evaluations  were  forwarded  to  applicant’s
counsel on 25 January 1999 for  review  and  comment  within  30  days
(Exhibit J).  As of this date, no response has been received  by  this
office.

___________________________________________________________________

THE BOARD CONCLUDES THAT:

In view  of  the  Board’s  earlier  determination,  which  essentially
invalidated  the  applicant’s  12  April   1989   disenrollment   from
Undergraduate Pilot Training, we find that it would  be  an  injustice
for the  contested  training  report  to  remain  in  the  applicant’s
records.  Accordingly, we recommend that the records be  corrected  as
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  the  AF  Form  475,
Education/Training Report, rendered for the period 2 July 1988 through
12 April 1989, be declared void and removed from his records.

___________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 22 April and 9 July 1999, under the provisions of
AFI 36-2603:

      Mr. Henry Romo Jr., Panel Chair
      Mr. Steven A. Shaw, Member
      Mr. Timothy A. Beyland, Member

The following additional documentary evidence was considered:

     Exhibit G.  Letter from Counsel, dated 8 Aug 98, w/atchs.
     Exhibit H.  Letter, AFPC/DPPAOR, dated 22 Dec 98, w/atch.
     Exhibit I.  Letter, AFPC/DPPPA, dated 5 Jan 99.
     Exhibit J.  Letter, SAF/MIBR, dated 25 Jan 99.
     Exhibit K.  Letter from Applicant, dated 3 Jun 99.




                                   HENRY ROMO JR.
                                   Panel Chair



AFBCMR 93-02678




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 [applicant], be corrected to  show  that  the  AF  Form  475,
Education/Training Report, rendered for the period 2 July 1988 through 12
April 1989, be, and  hereby  is,  declared  void  and  removed  from  his
records.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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