RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-01345
            INDEX CODE: 131.00

      XXXXX COUNSEL:  None

      XXXXXX     HEARING DESIRED: Yes

APPLICANT REQUESTS THAT:

She be considered for promotion to the  Reserve  grade  of  lieutenant
colonel by the Fiscal  Year  1997  (FY97),  FY98,  and  FY99  position
vacancy boards.

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  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 Chief, Skills Management Branch,  Directorate,  Personnel  Program
Management, AFPC/DPPAE, reviewed the application and states that on 18
January 1999, the Judge Advocate General of the Air Force advised that
Limited Period Call to EAD officers are eligible to meet ADL promotion
boards.  In retrospect, the applicant should  have  been  advised  she
would be eligible for active duty list (ADL)  promotion  consideration
prior to accepting the extended active duty  (EAD)  tour.   To  comply
with the statutory provisions of law, they believe  that  placing  the
applicant’s record before an ADL special  selection  board  (SSB)  for
retroactive promotion consideration would not resolve  her  situation.
Rather,  it  may  create  another  injustice  if   perhaps   the   SSB
consideration  resulted  in  promotion  nonselection.   Therefore,  it
appears the appropriate action in her case is to grant  the  applicant
her request for an SSB on the reserve active  status  list  (RASL)  to
ensure at least one promotion consideration during her EAD assignment.

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

The Director of Personnel Program Management, ARPC/DPP,  reviewed  the
application and states that they recommend denial of  the  applicant’s
request.  The applicant did not meet the  statutory  requirements  for
RASL promotion consideration until she was released from the EAD  tour
on 31 December 1998.  She additionally did not meet the  Secretary  of
the Air Force guidelines for PV  consideration,  as  she  was  an  ADL
officer  during  the  time  in  question.   The  applicant  should  be
scheduled to meet an SSB in lieu  of  the  ADL  boards  that  did  not
consider her for promotion.  If selected by any of these  boards,  she
should be awarded a date of rank (DOR) commensurate with that of other
officers selected.

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

The Chief, Officer Promotion Section, Directorate of  Pers  Prog  Mgt,
AFPC/DPPPO, reviewed the application and recommends disapproval of the
applicant’s request.  Although the period of  the  applicant’s  active
duty tour (3 years and 2 months) may  not  meet  the  requirements  of
“special work”, the type of work performed while on active duty  does.
In addition, to prevent further injustice to the applicant,  it  would
be more appropriate to allow the applicant to meet  Reserve  promotion
boards vice active duty promotion boards.  The applicant  was  brought
onto active duty understanding she would not meet active duty  boards,
and considering the career paths of active duty personnel in  relation
to Reserve personnel, the applicant  would  be  more  competitive  for
promotion with her Reserve peers.  They  recommend  the  applicant  be
retained on the  RASL  and  be  allowed  to  meet  reserve  boards  as
requested.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air  Force  evaluations  and  states  as  a
Reservist brought on active  duty  for  special  work  for  a  special
project, she should have been retained on the RASL and allowed to meet
Reserve boards throughout the time that she was on  EAD  orders.   She
was a Reserve Public Affairs individual mobilization  augmentee  (IMA)
(filling a lieutenant colonel position for more than one year) in  the
Secretary of the Air Force for Public  Affairs  office,  and  she  was
brought on EAD during the Air Force’s 50th Anniversary to  do  special
Public Affairs work.  She was denied the opportunity  to  compete  for
promotion with her Reserve peers.  Air  Force  Reserve  asked  her  to
volunteer for this  EAD  tour  and  then  they  denied  her  promotion
opportunities.  When she came on the EAD tour in  November  1995,  the
active duty personnel folks adjusted her DOR (major) from 5 March 1992
to 4 December 1993 and then said she  could  not  meet  any  of  their
promotion boards either.

Applicant's complete response is attached at Exhibit G.


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   her
consideration for promotion to the Reserve grade of lieutenant colonel
by Special Review Boards (SRBs).   After  reviewing  the  evidence  of
record, it appears that the applicant was not informed that she  would
be ineligible for promotion consideration based  on  her  active  duty
assignment in support of the new Air Force  50th  Anniversary  Office.
Applicant  requests  that  she  be   made   eligible   for   promotion
consideration during the three years she was on active  duty  and,  in
consideration of the favorable recommendation  from  the  Director  of
Personnel Program Management, we believe that she should be considered
for promotion to the Reserve grade of lieutenant colonel by  SRBs  for
the FY97 through FY99 Lieutenant Colonel Position Vacancy Boards.   In
view of the above finding and in an effort to offset  any  possibility
of an injustice, we recommend the applicant’s 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, be corrected by:

      a.    Providing her senior raters, at the  time  of  the  Fiscal
Year 1997 through 1999 Lieutenant Colonel Position Vacancy Boards,  an
opportunity to prepare an AF Form 709, Promotion Recommendation Form.

      b.    Providing her consideration promotion to the Reserve grade
of lieutenant colonel by a Special Review Board; that  her  record  be
evaluated in comparison with the records of officers who were and were
not selected by the FY97, FY98, or FY99 Air Force  Reserve  Lieutenant
Colonel Position Vacancy Selection Boards.

      c.    Providing the  recommendation(s)  of  the  Special  Review
Board 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  on  14
January 2000, under the provisions of AFI 36-2603:

Douglas Heady    Panel Chair
Peggy Gordon     Member
Joseph Roj       Member

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

   Exhibit A.  DD Form 149, dated 26 Apr 99, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAE, dated 15 Jul 99
   Exhibit D.  Letter, AFPC/DPP, dated 7 Sep 99.
   Exhibit E.  Letter, AFBCMR, dated 26 Nov 99.
   Exhibit F.  Applicant’s Response, dated 29 Dec 99.





            Panel Chair

AFBCMR 99-01345




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 XXXXXX, XXXXXXXXX, be corrected by:

            a.   Providing her senior raters, at the time of the
Fiscal Year 1997 through 1999 Lieutenant Colonel Position Vacancy
Boards, an opporunity to prepare an AF Form 709, Promotion
Recommendation Form.

            b.   Providing her consideration promotion to the Reserve
grade of lieutenant colonel by a Special Review Board; that her record
be evaluated in comparison with the records of officers who were and
were not selected by the FY97, FY98, or FY99 Air Force Reserve
Lieutenant Colonel Position Vacancy Selection Boards.

            c.   Providing the recommendation(s) of the Special Review
Board 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.




            Director
            Air Force Review Boards Agency