AFBCMR 98-00928
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 98-00928







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 show that he was promoted to the
Reserve grade of lieutenant colonel, with effective and promotion service
date of 15 October 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:  98-00928
                 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:

The citation for the award of the Meritorious Service Medal,  1st  Oak  Leaf
Cluster (MSM, 1OLC), dated 15 April 1996, was not included in his  promotion
records reviewed by the 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 lieutenant colonel by the FY98 AF  Reserve  Lieutenant  Colonel  PV
Selection Board.

Applicant was awarded the MSM, 1OLC for the period 25 February  1992  to  15
April 1996, by Special Order GA-008, dated 29 April 1996.

OPR profile since 1991, follows:

           PERIOD ENDING           EVALUATION OF POTENTIAL

                       06 Sep 91             Meets Standards
                       06 Sep 92             Meets Standards
                       06 Sep 93             Meets Standards
                       06 Sep 94             Meets Standards
                       31 May 95             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/DP,  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 15 June 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 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 Air Force Meritorious Service  Medal,First  Oak
Leaf Cluster, dated 15 April  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 31 Mar 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DP, dated 20 May 98.
   Exhibit D.  Letter, AFBCMR, dated 15 Jun 98.





                                   MARTHA MAUST
                                   Panel Chair

AFBCMR 98-00928




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 Air Force Meritorious Service Medal,
First Oak Leaf Cluster, dated 15 April 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