RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-02180
            INDEX CODE:  131.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of major  by  Special  Selection
Board (SSB) for the Fiscal Year 2002 (FY02) Reserve Major Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not informed and was not aware  that  he  was  being  considered  for
promotion until he was  notified  of  his  nonselection.   If  he  had  been
properly notified he would have had the opportunity to  review  his  Officer
Preselection Brief (OPB) and correct errors in his  selection  folder.   The
number of his flying hours was incorrect  and  his  most  recent  Air  Force
Commendation Medal (AFCM) was missing.  In addition, he would have  had  the
opportunity to write a letter to the Board President concerning his  current
status.

In support of his request applicant provided his DD  Form  214,  Certificate
of Release or Discharge from Active Duty; AF Form 133,  Oath  of  Office;  a
personal statement, copies of his Reserve  orders,  a  personnel  brief,  an
email communication, documents associated with his  waiver  processing,  and
his AFCM  citation.   His  complete  submission,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air  Force,  and
voluntarily ordered to Extended Active Duty (EAD) on  15  Jun  90.   He  was
integrated into the Regular Air Force on 1 Sep 97.  Applicant  tendered  his
resignation and was discharged from the Regular Air Force on 25 Jul 99.   He
was tendered an indefinite term appointment, Reserve of the Air Force on  26
Jul 99 and executed an AF Form 133, Oath of Office, on  9  Aug  99.   He  is
currently assigned to the Ready Reserve, serving in the  grade  of  captain,
having assumed that grade effective and with a promotion service date of  15
Jun 94.

Applicant was considered and not selected for  promotion  to  the  grade  of
major by the FY02 Air Force Reserve Line and Nonline Major Selection  Board,
which convened on 19 Feb 01.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommends the application be denied.  DPB states that although  he
executed an oath of office on 9 Aug 99, his appointment into the  USAFR  was
backdated to 26 Jul 99 in order to preclude a break-in-service.  A  copy  of
his OPB was mailed to his home of record (HOR) on 26 Sep  00.   Upon  review
of his Officer Selection Brief (OSB) and his Officer Selection Record  (OSR)
as it met the board, there were no  errors  shown.   The  AFCM,  dated  July
1999, was available in the OSR and OSB.  The OSB showed that he was a  rated
officer (Senior Pilot) with 1426 hours in a T-37 and 1426 hours in  a  C-141
aircraft.   However,  his  flying  status  was  shown  as  inactive  due  to
termination of his assignment.  When a rated officer is released,  separated
or placed in  a  non-participating  status;  flying  status  is  immediately
terminated and must be reinstated  when  he  is  again  placed  in  a  rated
position.

DPB  suggested  that  the  following  solution  be  made  available  to  the
applicant.  Correct his record to show that he  was  actually  appointed  on
the date he executed the Oath of Office, which will cause a 14-day break-in-
service.   The  break-in-service  will  also  require  adjustment   of   the
appropriate service dates which will in-turn render him ineligible  for  the
FY02 board, delete the nonselection from his records, and make him  eligible
for in-the-promotion zone (IPZ) consideration for the FY03  major  selection
board scheduled to convene in February 2002 (see Exhibit C).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded that his HOR was never Breckenridge, CO,  where  his
OPB was  mailed.   He  only  lived  there  from  Jun  through  Sep  99.   He
reiterated his previous  contentions  and  adds  that  prior  to  moving  to
Columbus, MS he was attempting to  secure  a  position  with  the  Iowa  Air
National Guard.  He states that  if  the  Board  does  not  agree  that  SSB
consideration is warranted, then he requests that his records  be  corrected
to indicate he had  a  break-in-service  as  recommended  by  ARPC/DPB  (see
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 injustice warranting partial relief in this case.

    a.  After reviewing the evidence provided, we  are  not  persuaded  that
supplemental consideration for promotion by Special  Selection  Board  (SSB)
is warranted.  The applicant’s complaint that his OPB was  forwarded  to  an
incorrect address is noted.  Yet, it was incumbent  upon  the  applicant  to
notify ARPC of his changes  of  address.   No  evidence  has  been  provided
showing he did so.   More  importantly,  it  appears  that  the  applicant’s
record was substantially accurate  when  the  selection  board  in  question
considered him for promotion.   Therefore, we agree  with  the  opinion  and
recommendation of the Air Force office of primary responsibility  and  adopt
their rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error with respect to his consideration  by  the  FY02
selection board.

    b.  Notwithstanding the above, we note the ARPC suggestion that,  as  an
alternative solution to the  applicant’s  situation  and  to  give  him  the
opportunity to acquire some record of Reserve  participation  prior  to  his
first consideration by Reserve component promotion  board,  his  records  be
corrected to reflect he incurred a break-in-service.   By  such  action,  he
would be ineligible for consideration by the FY02  Reserve  Major  Selection
Board and would become a  first-time  eligible  for  the  FY03  board.   The
applicant has indicated his willingness to accept their recommendation as  a
viable solution.  We believe that correcting his records in  such  a  manner
would be in the best interests of the  applicant  and  the  Air  Force  and,
accordingly, we recommend that 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 corrected to show that:

      a.  He was not considered for promotion to the grade of major  by  the
Fiscal Year 2002 Air Force Reserve Line and Nonline Major  Selection  Board,
which convened on  19  February  2001;  and,  that  all  references  to  his
nonselection be declared void and removed from his records.

      b.  He tendered and accepted an appointment  as  Captain,  Reserve  of
the Air Force, on 9 August 1999, vice 26 July 1999.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 24 Oct 01 and 10 Nov 01, under the provisions of AFI 36-2603:

      Mr. Henry Romo, Jr., Panel Chair
      Ms. Brenda L. Romine, Member
      Mr. James W. Russell, III, Member

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

     Exhibit A.  DD Form 149, dated 10 Jul 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, ARPC/DPB, dated 31 Aug 01.
     Exhibit D.  Letter, SAF/MIBR, dated 14 Sep 01.
     Exhibit E.  Letter, Applicant, dated 9 Nov 01.




                             HENRY ROMO, JR.
                                             Panel Chair

AFBCMR 01-02180




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:

          a.  He was not considered for promotion to the grade of major by
the Fiscal Year 2002 Air Force Reserve Line and Nonline Major Selection
Board, which convened on 19 February 2001; and, that all references to his
nonselection be, and hereby are, declared void and removed from his
records.

          b.  He was tendered and accepted an appointment as Captain,
Reserve of the Air Force, on 9 August 1999, vice 26 July 1999.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency