AFBCMR 97-03707
INDEX CODE: 131.01





MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR

SUBJECT:  APPLICANT


      Having carefully reviewed this application, we agree with the
recommendation of the Air Force and adopt the rationale expressed as the
basis for our decision that the applicant has been the victim of either an
error or an injustice.  Therefore, under the authority delegated in AFI 36-
2603, the applicant's records will be corrected as set forth in the
accompanying Memorandum for the Chief of Staff signed by the Executive
Director of the Board or his designee.





                 Panel Chair


Attachment:
Ltr, ARPC/DPPB, dtd 21 Jun 99




AFBCMR 97-03707




MEMORANDUM FOR THE CHIEF OF STAFF

      Under the authority of Section 1552, Title 10, United States Code,
Air Force Instruction 36-2603, and having assured compliance with the
provisions of the above regulation, the decision of the Air Force Board for
Correction of Military Records is announced, and it is directed that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to he was promoted to the Reserve grade
of lieutenant colonel, with effective and promotion service date of 12 June
1997.





                 RAYMOND H. WELLER
                 Chief Examiner
                 Air Force Board for Correction
                 of Military Records


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  97-03707
            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:

His record was not submitted for consideration by the FY98 PV board  due  to
the perceived lack of Professional Military Education (PME)(Air Command  and
Staff College (ACSC).  ACSC was completed  prior  to  the  promotion  board.
His chain of command was not notified in  time  for  appropriate  corrective
actions to occur.

In support of  his  appeal,  he  submits  a  statement  from  the  Director,
Military Personnel and his Promotion Recommendation Form (PRF).

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
major.

The applicant met  all  the  requirements  for  PV  promotion  by  the  FY98
Lieutenant Colonel Board.

OPR profile since 1993, follows:

           PERIOD ENDING           EVALUATION OF POTENTIAL

                       10 Aug 93             Meets Standards
                       10 Aug 94             Meets Standards
                       13 Oct 95             Meets Standards
                       13 Oct 96             Meets Standards
                       13 Oct 97             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 9 February 1998, a copy of the Air Force evaluation was forwarded 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 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  for  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  attached  Promotion  Recommendation  Form,  AF
Form 709, for cycle U0598A, 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 27 Jan 98.
   Exhibit D.  Letter, AFBCMR, dated 9 Feb 98.





                                   MARTHA MAUST
                                   Panel Chair

AFBCMR 97-03707




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 APPLICANT, to include the attached Promotion Recommendation Form,
AF Form 709, for cycle U0598A, 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