RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  97-03032
            INDEX CODE: 131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to the Reserve  grade  of  major  by  Special
Selection Board (SSB) for the Fiscal Year  1998  (FY98)  Air  Force  Reserve
Major Position Vacancy (PV) Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was awarded the Joint Service Achievement Medal (JSAM) in February  1997.
 The decoration was not listed on his officer selection brief  when  he  met
the FY98 Major Selection Board.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was considered and not  selected  for  promotion  to  the  Reserve
grade of major by the FY98 AF Reserve Major PV Selection Board.

The applicant’s  JSAM,  awarded  February  1997,  was  not  in  his  Officer
Selection Folder or reflected on the OSB at the time the board reviewed  his
record.

OPR profile since 1991, follows:

           PERIOD ENDING           EVALUATION OF POTENTIAL

                       21 Jun 91             Meets Standards
                       21 Dec 92             Meets Standards
                    No report for the period 22 Dec 92 through 24 Nov 95
                       25 Nov 95             Meets Standards
                       25 Nov 96             Meets Standards
                       25 Nov 97             Meets Standards
                       25 Nov 98             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 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 16 March 1998, a copy of the advisory opinion was sent 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.   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  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.  In view of the fact that the  applicant’s  record  was
in error when considered by the FY98 PV Board, 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, to  include  the  Joint  Service  Achievement  Medal,  awarded
February 1997, 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  1998
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 30 March 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 30 Sept 97, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DPJA, dated 24 Feb 98.
   Exhibit D.  Letter, AFBCMR, dated 16 Mar 98.





                                   MARTHA MAUST
                                   Panel Chair

AFBCMR 97-03032




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 to include the Joint Service Achievement Medal,
awarded February 1997, 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 1998 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