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AF | BCMR | CY2000 | 9302426A
Original file (9302426A.doc) Auto-classification: Approved

                                 ADDENDUM TO
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  93-02426

            COUNSEL:  NONE

            HEARING DESIRED:

_________________________________________________________________

RESUME OF CASE:

In applications dated 26 April 1993 and 27 May  1993,  the  applicant
requested promotion to the grade of lieutenant colonel,  effective  3
June 1993;  compensation  for  the  involuntary  curtailment  of  his
statutory tour; he be given a follow-on statutory tour;  the  Officer
Performance Reports (OPRs) closing 1 March 1992 and 25 May 1992,  the
Non-Qualification for Promotion package and  any  and  all  documents
relating to the  aforementioned  documents  and  all  other  damaging
career data be removed from his records; and he  receive  credit  and
benefits for active duty points  from  1 September  1993  through  31
March 1994.

On 5 April 1994  and  28  January  1997,  the  Board  considered  and
partially granted the applicant’s  request  to  promote  him  to  the
Reserve grade of lieutenant colonel; correct his record to reflect he
continued his statutory tour until 31 March 1994; voided and  removed
the contested OPRs; transferred him to the Reserve of the  Air  Force
effective 1 April 1994; and credited him with nonpaid points for  the
retirement/retention years ending 8 January 1996 and 8  January  1997
and that those years were satisfactory years of federal service.  The
Board denied his requests for a  follow-on  statutory  tour  and  for
removal of any and all other career damaging data from  his  records.
A complete copy of the Record of Proceedings is attached at Exhibit U
(Exhibits A-T).

Applicant  submitted  additional   information   on   and   requested
reconsideration of his  application  (Exhibit  V).   The  request  to
reconsider his  application  was  approved  and  his  case  has  been
reopened at this time.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Promotion Secretariat Division,  ARPC/DPJA,  reviewed  the
request and states that the applicant was advised on  3 October  1997
that the corrections directed by the AFBCMR  were  accomplished.   In
addition, regarding the IMA program, the Medical Service Corps  (MSC)
Program Manager for IMA Programs does  not  recall  speaking  to  the
applicant, nor is he aware of the applicant’s promotion issues  or  a
request to come into the Categroy E program as an IMA.  Category E is
a holding area for paid positions in the  Category  B  program  where
current manning is at 100%  for  MSC  officers  and  they  have  four
individuals in Category E awaiting paid positions.

They cannot speak for someone who no longer works in their area,  but
it is believed that his “counterpart” advised the applicant  that  he
was entitled to be considered for promotion, but would have to submit
another DD Form 149 requesting  promotion  consideration  by  special
review (SRB) boards.  Their office has not received  such  a  request
and they cannot hold an SRB unless directed to do so by the AFBCMR.

Lastly, with respect to the notification issue  of  the  Fiscal  Year
1998 (FY98) Air Force Reserve Colonel  Selection  Board,  they  state
that in accordance with the governing AFI, “immediate commanders will
verbally notify officers not  selected  for  promotion  to  ranks  of
captain through colonel.”  The  applicant  was  assigned  to  a  non-
participating section and therefore had no commander.   Ramifications
of non-selection do  not  apply  to  the  colonel  board;  lieutenant
colonels meet the Reserve colonel board until their mandatory service
date (MSD) is due to expire.  The Officer Selection Brief (OSB) shows
that the applicant was in the Non-Participating Non-Obligated Reserve
Personnel Section (NNRPS) at the time the board convened.  The  Board
briefs were being filmed and they regret the delay  in  forwarding  a
copy to him.  This has  now  been  accomplished.   The  applicant  is
currently in the Retired Reserve Section drawing pay at age 60.

A complete copy of the evaluation is attached at Exhibit W.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to applicant and  his
counsel on 18 May and 13 October 1998.  As of this date, no  response
has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

Sufficient relevant evidence has been presented  to  demonstrate  the
existence of probable error or injustice.  After thoroughly reviewing
the entire case file, we are persuaded that the applicant  should  be
provided promotion consideration to the grade of colonel  by  an  SRB
for the FY96 and FY97 Reserve of the Air Force  Colonel  Boards.   It
appears that since the applicant did not request this action be taken
at the time he originally submitted his application, this  aspect  of
relief was not considered by the Board.  However, based on  the  fact
that it appears that he was eligible for promotion consideration,  we
believe he should be afforded the opportunity  to  have  his  records
reviewed by a duly constituted special review board.   Therefore,  we
recommend his records be corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department  of  the  Air  Force
relating to APPLICANT, be considered for promotion to  the  grade  of
Colonel, Air Force Reserve, by a Special Review Board; and, that  his
records be evaluated in comparison with the records of  officers  who
were and were not selected by the Fiscal Years 1996 and 97 Reserve of
the Air Force Colonel Selection Boards.

It is further recommended that, if he is recommended for promotion by
the Special Review Board, the  Air  Force  Board  for  Correction  of
Military Records be advised of that recommendation  at  the  earliest
practicable date so that all necessary and appropriate actions may be
completed.

If he is not recommended for promotion by the Special  Review  Board,
the office of primary responsibility advise him of the recommendation
of the Special Review Board.

_________________________________________________________________

The following members of the Board  considered  this  application  in
Executive Session on 4 October 2000, under the provisions of AFI  36-
2603:

            Ms. Martha Maust, Panel Chair
            Ms. Dorothy P. Loeb, Member
            Mr. Vaughn E. Schlunz, Member

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

      Exhibit U. ROP, dated 4 Apr 97, w/atchs.
      Exhibit V. Letter, Applicant, undated.
      Exhibit W. Letter, ARPC, dated 3 Apr 98, w/atchs.
      Exhibit X. Letter, SAF/MIBR, dated 18 May 98.
      Exhibit Y. Letter, Applicant, dated 7 Oct 98.
      Exhibit Z. Letter, AFBCMR, 13 Oct 98.
      Exhibit AA.      Letter, Applicant, 6 Nov 98.
      Exhibit BB.      Letter, AFBCMR, dated 12 Nov 98.
      Exhibit CC.      Electronic Mailgrams, Applicant, dated  5  Nov
98,
                 13 Dec 98, 4 Jan 99, and 29 Apr 99.
      Exhibit DD.            Electronic Mailgram, AFBCMR, undated





                                   VAUGHN E. SCHLUNZ
                                   Acting Panel Chair

AFBCMR 93-02426




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, be considered for promotion to the grade
of Colonel, Air Force Reserve, by a Special Review Board; and, that
his records be evaluated in comparison with the records of officers
who were and were not selected by the Fiscal Years 1996 and 97
Reserve of the Air Force Colonel Selection Boards.

      It is further directed that, if he is recommended for promotion
by the Special Review Board, the Air Force Board for Correction of
Military Records be advised of that recommendation at the earliest
practicable date so that all necessary and appropriate actions may be
completed.

      If he is not recommended for promotion by the Special Review
Board, the office of primary responsibility advise him of the
recommendation of the Special Review Board.







      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency

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