RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  97-03145
            INDEX CODE: 131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

Applicant states that his Officer Performance  Report  (OPR),  rendered  for
the period 3 May 1995 through 2 May 1996, was not a part of his record  when
considered by the FY98 Lt Col PV Board.  He states that the complete  record
should have been available for the Board to review.

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 lieutenant colonel by the FY98 AF  Reserve  Lieutenant  Colonel  PV
Selection Board.

Applicant's Officer Performance Report (OPR) closing 2 May 1996 was  not  in
his selection folder when the FY98 Board convened.

OPR profile since 1993, follows:

           PERIOD ENDING           EVALUATION OF POTENTIAL

                       02 May 93             Meets Standards
                       02 May 94             Meets Standards
                    #  02 May 95             Meets Standards
                    *  02 May 96             Meets Standards
                       20 May 97             Meets Standards

* Report in question
# Top report at time of FY98 board.

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:

Applicant reviewed the Air Force evaluation and  states  that  an  injustice
exists; the request to fix  the  law  is  in  process,  according  to  ARPC.
Should the officers who have been harmed be required to pay the price of  an
administrative error and an incomplete law?  If the law is fixed this  year,
can they come back and look at this consequence again for  last  year?   The
fair thing to do is to call an SSB  to  allow  for  a  correction  for  last
year’s mistake.  He requests that the Board  establish  the  SSB.   He  also
requests back pay to the normally effective date of
promotion to lieutenant colonel as of 12 August 1997.  This action  will  be
equitable monetarily, although  missed  opportunity  (stat  tours  positions
open only to LTCs) cannot be fixed.

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 warranting promotion  consideration
to the Reserve grade of lieutenant colonel 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 Field  Grade  Officer  Performance  Report,  AF
Form 707A, rendered for the period   3 May  1995  through  2  May  1996,  be
considered for promotion to the Reserve grade of  lieutenant  colonel  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 Lieutenant Colonel 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 15 Oct 97, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DPJA, dated 22 Dec 97.
   Exhibit D.  Letter, AFBCMR, dated 12 Jan 98.




                                   MARTHA MAUST
                                   Panel Chair

AFBCMR 97-03145




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 Company Grade Officer Performance
Report, AF Form 707A, rendered for the period 3 May 1995 through 2 May
1996, be considered for promotion to the Reserve grade of lieutenant
colonel 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 Lieutenant Colonel 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