RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02039
            INDEX CODE:  131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His nonselection for promotion to the grade of lieutenant  colonel  by
the Calendar Year 2001B (CY01B) Lieutenant Colonel  Central  Selection
Board be deleted from his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

As a Reservist on a limited period recall to active duty, his  records
prominently displayed a date of separation (his end of tour date).  He
believes this strongly prejudiced the board members to not  “waste”  a
promotion on an individual who had other  plans.   Furthermore,  as  a
Reservist his date of rank was earlier than his IPZ peers, implying he
had been previously non-selected for promotion.  Although he  wrote  a
letter to the board to clarify these points, he believes these glaring
marks left a much stronger impression on board members.  He has  since
been selected for indefinite active duty and is  deeply  committed  to
the Air Force.

The  applicant  provided  no  evidence  in  support  of  his   appeal.
Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant entered active duty on 13 July 1998 under the Limited Period
Recall Program (LPRP).  His date of rank to major is 14 May 1996.

On 3 January 2001, the applicant submitted an  application  requesting
that his  nonselection  from  the  CY99B  Lieutenant  Colonel  Central
Selection Board be removed.  On 21 March 2001,  the  Board  considered
and directed that the pertinent military records of the Department  of
the Air Force relating to the applicant be corrected to show  that  he
was not considered for promotion by the Calendar Year 1999B Lieutenant
Colonel Central Selection Board which  convened  on  28  August  2000.
They further directed,  if  he  was  considered  and  nonselected  for
promotion to the grade of lieutenant colonel prior to receiving  three
active duty Officer Performance Reports (OPRs) in the grade  of  major
and   completion   of   Intermediate   Service   School   (ISS),   the
nonselections, would be set aside.

The applicant received his third active duty OPR on 12 July  2001  and
completed ISS in 2000.

Applicant’s Officer Performance Reports (OPRs) from 1991 through  2001
reflect meets standards on all performance factors.

Applicant was considered and not  selected  by  the  CY01B  Lieutenant
Colonel Central Selection Board, which convened on  5  November  2001.
Applicant was considered  by  the  CY02A  Lieutenant  Colonel  Central
Selection Board, which convened on  12  November  2002,  however,  the
results are not known.

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AIR FORCE EVALUATION:

AFPC/DPPPO recommends  disapproval.   Prior  to  March  1999,  Reserve
officers entering active duty under the LPRP were counseled they would
not be eligible for promotion (active duty or reserve)  while  on  the
LPRP.  When reviewing the LPRP as a possible solution  for  the  rated
staff shortages, a legal review resulted in an opinion  there  was  no
legal basis for excluding these officers from  active  duty  promotion
boards.  As a result, the applicant became  immediately  eligible  for
promotion to lieutenant colonel.

On 21 April 2000, applicant was advised of  the  change  to  promotion
eligibility for officers on the  LPRP.   Applicant  was  provided  the
option of curtailing his EAD tour or continuing on EAD and meeting  an
active duty promotion board.  On 8  May  2000,  applicant  elected  to
continue on active duty and understood that he would be considered for
promotion by active duty promotion boards.  Applicant  also  requested
to meet  all  boards  he  had  missed  since  being  on  active  duty.
Applicant was scheduled to meet a  Special  Selection  Board  for  the
CY99B Lieutenant Colonel Board (30 November 1999) as an IPZ  candidate
and also became eligible for the CY00 Lieutenant Colonel Board  as  an
IPZ candidate.

On 3 January 2001, applicant applied through the AFBCMR  to  have  his
nonselection from the CY99B Lieutenant Colonel  board  removed.   This
action was based on the applicant being forced to meet an active  duty
board with one active duty report and non-completion of  ISS.   On  21
March 2001, the applicant’s request was  approved  (AFBCMR  01-00739).
The AFBCMR further directed, if he was considered and nonselected  for
promotion to the grade of lieutenant colonel prior to receiving  three
active duty OPRs in  the  grade  of  major  and  completing  ISS,  the
nonselections would be set aside.

The applicant received his third active duty OPR on 12 July  2001  and
completed ISS in 2000, therefore, the  nonselection  received  by  the
CY01B Lieutenant Colonel board is valid.  At no time did the applicant
request his tour be curtailed or that he be removed  from  the  active
duty list.  On 26 June  2002,  applicant’s  LPRP  tour  ended  and  he
entered extended active duty.  His DOS is now indefinite and  he  will
meet the CY02A Lieutenant Colonel board (12 November 2002) as an above-
the-promotion zone candidate.  If nonselected for promotion, applicant
will be offered continuation to retirement eligibility.

Based on the directive of the AFBCMR 01-00739, all  requirements  were
met; therefore, the CY01B Lieutenant Colonel Central  Selection  Board
look was indeed  valid.   Additionally,  the  DOS  on  the  OSB  is  a
Secretary of the Air Force approved entry and there is  no  indication
that it was the cause of his  nonselection.   The  applicant  has  had
numerous opportunities to curtail his tour and make himself ineligible
for active duty promotion boards.  Furthermore, the  applicant’s  case
is no different from those  of  other  Reserve  officers  entering  or
returning to active duty under current  recall  programs  or  officers
transferring from other brances of service.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 September 2002, a copy of the Air Force evaluation was forwarded
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.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for  the  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or   injustice.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 30 January 2003, under the provisions of AFI  36-
2603:

                       Mr. Edward C. Koenig III, Panel Chair
                       Ms. Martha Maust, Member
                       Mr. John E. Pettit, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 19 Jun 02.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPO, dated 10 Sep 02.
      Exhibit D. Letter, AFBCMR, dated 20 Sep 02.




                             EDWARD C. KOENIG III
                             Panel Chair