RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-02455
            INDEX CODE:  131.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His nonselections for promotion by the FY00 and FY01 Major Selection  Boards
be voided and he receive Special Selection Board (SSB) consideration; he  be
continued in the Reserve program until the SSB decision is  made;  and,  his
Total Federal Commissioned Service Date (TFCSD) be adjusted.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The FY00 selection board did  not  have  an  accurate  record  when  he  was
considered for promotion  to  major.   His  records  contained  an  outdated
photo, his Officer Effectiveness Report (OER) covering the period 2  Jun  97
through 1 Jun 98 did not  have  the  concur  block  marked,  and  his  point
summary incorrectly reflected a bad year.  His records  that  met  both  the
FY00 and FY01 boards were inaccurate in that they  did  not  include  points
earned for FY91/92.  Corrections to his records were made, however,  not  in
time to meet the contested  boards.   Letters  he  wrote  to  the  selection
boards were not included in his selection records.  His 10-year  ribbon  and
Air Force Achievement Medal  (AFAM)  were  not  included  in  his  selection
records.  According to both pre-selection briefs  he  was  not  rated  as  a
pilot and according to the FY01 brief he was  incorrectly  considered  as  a
category “B” reservist.   His  OER  generated  for  a  change  of  reporting
official (CRO) in February 2000 should  be  included  in  his  FY01  Officer
Selection Brief (OSB).  Three retirements at the Air Force  Academy  stifled
the normal OER process and delayed completion until August  2000,  6  months
after he was considered for promotion.

A dual standard  exists  which  does  not  allow  Reserve  raters  to  write
Definitely Promote (DP) comments or  make  service  school  recommendations,
while active duty standards permit raters to write promotion  recommendation
forms (PRFs) and  make  service  school  recommendations.   This  creates  a
prejudicial situation and a true injustice.

His TFCSD should be adjusted because he had a break  in  service  from  1992
through 1997.  He was informed by personnel at  the  Air  Reserve  Personnel
Center (ARPC) that he was allowed up to a 10-year break in service  and  was
not informed of the changes to  Title  10  Section  8848  and  its  possible
ramifications.  His  personnel  data  system  records  reflect  a  break  in
service as verified by personnel at ARPC.  The rules specified  in  AFI  36-
2604, Table 3, Note 7, should apply to the calculation of TFCSD.

In support of his request applicant submitted a personal statement, his  OSB
contents, magazine articles he believes are  relevant  to  his  contentions,
and his personal resume.  His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force on  13
Jan 81 and was progressively promoted  to  the  grade  of  captain  with  an
effective date and date of rank of 13  Jan  88.   At  his  request,  he  was
reassigned from his participating Reserve assignment  to  the  Non-obligated
Nonparticipating  Ready  Personnel  Section  (NNRPS)  on  10  May   91   and
subsequently assigned to the Inactive Status List  Reserve  Section  (ISLRS)
on 10 May 93.  He returned to Active Reserve Status (ARS) on 2 Jun  97.   He
was considered and not selected for promotion to the grade of major  by  the
FY00 and FY01 Reserve of the Air Force  Line  and  Nonline  Major  Selection
Boards  which  convened  in  March  1999  and  March   2000,   respectively.
Applicant’s mandatory separation date  (MSD)  was  1  Dec  00.   As  of  the
Retirement Year Ending (RYE) 1 Jun 00, he was  credited  with  14  years  of
satisfactory Federal service.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Reserve of the Air Force Promotion Board  Secretariat,  ARPC/DPB,
reviewed applicant’s request and  recommends  approval  of  the  applicant’s
request with some modifications.  DPB states that  the  applicant  met  both
selection boards with the duty title “Academy Liaison Officer,”  a  Category
“E” assignment.  He obtained an assignment as a Category “B” participant  on
        24 Feb 00.  Applicant states he requested a  “break-in-service”  for
personal reasons.  During this “break-in-service”  he  was  reassigned  from
his participating Reserve assignment to the NNPRS and subsequently  assigned
to the ISLRS on 10 May 93.  It appears this provided  him  what  he  wanted,
but did not stop accumulating time on his TFCSD.  The only  time  that  does
not count as years of service is time spent as a  civilian.   The  applicant
did not have a break in service as defined in Section 14706;  therefore  his
TFCSD must remain as the date of original commission as stated  in  AFI  36-
2604.

Applicant was sent an old photograph that was screened from his OSB when  he
requested a copy of his OSB contents.  The point summary  that  appeared  on
his FY00 brief  reflected  incorrect  points  for  retirement  years  ending
September 1991 and June 1998, however, both years were correct on  his  FY01
brief.  Letters to the selection board are not a permanent part of  the  OSB
after the board they are only available for historical and  appeal  reasons.
His letters were available to selection boards and were, at the time of  the
boards, in his OSB.  His aeronautical rating actually showed “SR  Pilot,”  a
position that  implies  greater  knowledge  and  experience.   There  is  no
documentation of the applicant receiving an AFAM, however,  he  did  receive
an  Air  Force  Commendation  Medal  (AFCM)  which  was  available  to  both
selection boards.

The applicant’s FY00 OSB did reflect an incomplete participation record  and
his assignment as an Operations Officer was not reflected on his  FY01  OSB.
Therefore, DPB recommends he receive SSB consideration for both boards,  and
if not selected by either, that  he  be  considered  by  special  board  for
continuation (see Exhibit B).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 17  Nov
00 for review and response within 30 days.  As of  this  date,  this  office
has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.   Insufficient relevant evidence has been presented  to  demonstrate  the
existence of probable error or injustice that would  warrant  granting  full
relief of the applicant’s stated requests.  With respect to his request  for
adjustment of his TFCSD, we agree with the  opinion  and  recommendation  of
the Air Force office of primary responsibility and adopt their rationale  as
basis that the applicant has not been the victim of an  error  or  injustice
in this matter.  Evidence has not  been  provided  that  would  lead  us  to
believe that an AFAM was awarded and in his records prior to either  of  the
promotion  boards  or  the  continuation  board.   Additionally,  sufficient
relevant evidence has not been provided to persuade us that it would  be  in
the best interest of justice to allow his 24 February 00 OER to be  included
in the promotion selection process.  In this respect, we note  that  an  OER
with a close-out date of 1 June 1999, which was written  subsequent  to  the
FY00 was in the  applicant’s  records  that  were  considered  by  the  FY01
promotion board.  We see no indication that an additional OER  was  required
for consideration by the FY01 board. We  are  not  led  to  believe  by  the
evidence provided that the OER was a matter of record prior to, or that  the
intent of his raters was to have the OER filed in his selection  folder  for
review by, the FY01 promotion board.

4.   However,  we  do  agree  with  the  Air   Force   office   of   primary
responsibility that the applicant’s officer  selection  briefs  (OSBs)  that
met both promotion boards and the continuation board  did  in  fact  contain
errors.  Specifically, an incomplete participation record for the  FY00  OSB
and  incorrect  duty  title  for   the   FY01   and   continuation   boards.
Accordingly, in an effort to offset any  possibility  of  an  injustice,  we
recommend his corrected record be considered for promotion to the  grade  of
major by SSB as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that his  officer  selection  brief  (OSB)
prepared for the FY00 Line and Nonline Majors Selection Board  be  corrected
to show that he was credited 53  total  points  during  retirement/retention
year 1 October 1990 through 30 September 1991; his FY01 OSB be corrected  to
show that he was credited with 65 total points  during  retirement/retention
year 02 June 1997 through 01 June 1998; and, his FY01 OSB  be  corrected  to
reflect “Operations Officer” as his duty title.

It is further recommended that  his  corrected  records  be  considered  for
promotion to the grade of major by a Special Selection Board  for  the  FY00
and FY01 Reserve of the Air Force Line and Nonline Majors  Selection  Boards
which convened in March 1999 and March 2000, respectively.

If not selected for promotion by either board, it is  recommended  that  his
corrected record be considered for continuation by a  Special  Review  Board
and that his record be evaluated in comparison with the records of  officers
who were and were not selected by the  Air  Force  Reserve  Major  Selective
Continuation Board, which convened on 6 March 2000.

If he is selected for continuation by the  Special  Review  Board,  The  Air
Force Board for Correction of Military Records be advised of that  selection
at the earliest practicable date, so  that  all  necessary  and  appropriate
actions may be completed.

If he is not selected for continuation be  the  Special  Review  Board,  the
office of primary responsibility advise him of the decision of  the  Special
Review Board.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 16 Jan 01, under the provisions of AFI 36-2603:

      Mr. Benedict A. Kausal IV, Panel Chair
      Mr. Richard W. McCormick, Member
      Ms. Olga M. Crerar, Member

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

     Exhibit A.  DD Form 149, dated 31 Aug 00, w/Atchs.
     Exhibit B.  Letter, ARPC/DPB, dated 31 Oct 00.
     Exhibit C.  Letter, SAF/MIBR, dated 17 Nov 00.




                                  BENEDICT A. KAUSAL IV
                                  Panel Chair

AFBCMR 00-02455




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 corrected to show that his officer selection
brief (OSB) prepared for the FY00 Line and Nonline Majors Selection Board
be corrected to show that he was credited 53 total points during
retirement/retention year 1 October 1990 through 30 September 1991; his
FY01 OSB be corrected to show that he was credited with 65 total points
during retirement/retention year 02 June 1997 through 01 June 1998; and,
his FY01 OSB be corrected to reflect “Operations Officer” as his duty
title.

      It is further directed that his corrected records be considered for
promotion to the grade of major by a Special Selection Board for the FY00
and FY01 Reserve of the Air Force Line and Nonline Majors Selection Boards
which convened in March 1999 and March 2000, respectively.

      If not selected for promotion by either board, it is directed that
his corrected record be considered for continuation by a Special Review
Board and that his record be evaluated in comparison with the records of
officers who were and were not selected by the Air Force Reserve Major
Selective Continuation Board, which convened on 6 March 2000.

      If he is selected for continuation by the Special Review Board, The
Air Force Board for Correction of Military Records be advised of that
selection at the earliest practicable date, so that all necessary and
appropriate actions may be completed.

      If he is not selected for continuation be the Special Review Board,
the office of primary responsibility advise him of the decision of the
Special Review Board.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency