RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-00438
            INDEX CODE:  131.01

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be considered for promotion by a Special Review Board (SRB)  in
lieu of the FY97 Reserve of the Air Force Major Selection Board and  a
Special Selection Board (SSB) for the FY98  Air  Force  Reserve  Major
Selection Board.

2.  He be maintained under active Reserve status until the results  of
the SRB and SSB are known.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He states that the Air National Guard (ANG) did not notify him that he
was eligible to meet the FY97  and  FY98  boards  and  was  unable  to
exercise his option to write a personal letter to the board.  He  also
claims that they did not notify him of his non-selection for promotion
by the FY97 board.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant's military records, are contained in the letter prepared  by
the appropriate office of the Air Force.   Accordingly,  there  is  no
need to recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Director of Personnel Program Management,  ARPC/DP,  reviewed  the
application  and  states  that  the  requested  correction  cannot  be
accomplished administratively at this  headquarters.   They  recommend
approval of the applicant’s request for  SRB  and  SSB  consideration.
They state that they are not part of the ANG notification process  and
cannot verify if the applicant was notified.   However,  the  Missouri
ANG IG inquiry validates the applicant’s allegations that he  was  not
properly notified of his eligibility to meet the FY97 and FY98 boards,
and was not notified of his non-selection for promotion as a result of
the FY97 board.

They recommend disapproval of  the  applicant’s  request  that  he  be
maintained under active Reserve status until the results  of  the  SRB
and SSB are known.  They point out that Title 10 USC 14505 states that
upon failure of selection for promotion for the second  time,  Reserve
captains will be separated in accordance with Section 14513 not  later
than the first day of the seventh month after the month in  which  the
President approves the report of the board that considered the officer
for the second time.

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 provided  a  response,
with attachments, which 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  applicant’s
consideration for promotion to the Reserve grade of major  by  Special
Review Board (SRB) for FY97 major board and by Special Selection Board
(SSB) for FY98 major board.  As  noted  by  the  Air  Force,  the  Air
National Guard did not notify the applicant that he was  eligible  for
promotion consideration by the FY97 and FY98 major  selection  boards.
In view of the failure to notify the applicant of his  eligibility  to
be considered for promotion by the boards in question and in  view  of
applicant’s desire to write  a  letter  to  the  Board  president,  we
recommend that his records, provided he submits a letter to the  Board
president, be considered for promotion to the Reserve grade  of  major
by a SRB for the FY97 board and by a SSB for the FY98 board.

4.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable  error  or  injustice  warranting  applicant
being maintained in an active Reserve status until the results of  the
SRB and SSB are known.  In this respect, we note  that  applicant  has
already been separated  from  the  Reserve  and  whether  or  not  the
applicant would have been promoted to the Reserve grade  of  major  by
the selection boards in question cannot be determined by  this  Board.
If the applicant is selected for promotion, he will  be  provided  the
opportunity to return to the Air Force Reserve.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, provided he  submits  a  letter  to  the  Board
president, 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 1997 Reserve of the Air Force Major 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.

It is further recommended that his  records,  provided  he  submits  a
letter to the Board president, be  considered  for  promotion  to  the
Reserve grade of major by Special Selection Board for the Fiscal  Year
1998 Reserve of the Air Force Major Selection Board.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 13 July 1999, under the  provisions  of  AFI  36-
2603:

                  Mr. Vaughn E. Schlunz, Panel Chair
                  Mr. William H. Anderson, Member
                  Ms. Barbara J. White-Olson, Member
                  Mr. Phillip Horton, Examiner (without vote)

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 10 Feb 98.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DP, dated 2 Feb 99.
   Exhibit D.  Letter, AFBCMR, dated 22 Feb 99.
   Exhibit E.  Applicant's Response, dated 18 Mar 99.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair





AFBCMR 98-00438




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 provided he submits a letter to the Board
president, 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 1997 Reserve of the Air Force Major 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.

      It is further directed that his records, provided he submits a
letter to the Board president, be considered for promotion to the
Reserve grade of major by Special Selection Board for the Fiscal Year
1998 Reserve of the Air Force Major Selection Board.








 JOE G. LINEBERGER

 Director

 Air Force Review Boards Agency