RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01080
            INDEX CODE:  100.00
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His period of service be extended from 31 Aug 04 to 31 Dec 04, in  order  to
reach 18 years of total active federal military service (TAFMS), so that  he
may reach the sanctuary and continue to serve until retirement at  20  years
of service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The 7 Dec 03 change to the selective continuation policy prevents  him  from
reaching sanctuary.  The new policy dictates that as  a  two-time  nonselect
for promotion, not having reached 18 years of service by 31 Aug 04, he  must
separate.  If not  for  the  accelerated  promotion  board  schedule,  which
forced him to meet two selection boards the  same  year,  he  would  not  be
affected by the new policy and allowed to serve  through  retirement  at  20
years.  He has submitted an application to  the  Evaluation  Reports  Appeal
Board requesting correction to his promotion record  and  Special  Selection
Board consideration.

In support of his request, applicant provided a  personal  statement  and  a
statement  from  his  MAJCOM  commander.   His  complete  submission,   with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Data extracted  from  the  personnel  data  system  reflects  the  applicant
enlisted in the Regular Air Force on 30 Dec 86.  He was appointed  a  second
lieutenant, Reserve of the Air Force on 30 Sep  94.   He  was  progressively
promoted to the grade of captain, having assumed that  grade  effective  and
with a date of rank of 30 Sep 98.

He was considered and not selected for promotion to the grade  of  major  by
the Calendar Year 2003A  (CY03A)  and  the  CY03B  Central  Major  Selection
Boards.  He was not offered continuation  by  the  CY03B  Captain  Selective
Continuation Board and a mandatory date of separation (DOS)  of  31  Aug  04
was established.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial.  DPPPO states his  Air  Force  Specialty  Code
(AFSC)  33S,  did  not  meet  the  eligibility  criteria   established   for
continuation at the CY03B continuation board.   The  board  only  considered
rated line officers with a valid rate distribution and  training  management
code and non-rated line officers in AFSC 61SX and 62EX.   He  will  have  18
years of TAFMS on 30 Dec 04.  His current mandatory DOS of 31  Aug  04  puts
him approximately 4 months short of sanctuary.  He is prior enlisted and  is
authorized to reenlist as a  staff  sergeant.   He  will  then  be  able  to
complete 20 years TAFMS on  30 Dec  06  and  will  be  eligible  for  normal
retirement.  However, he will be  1  month  short  of  10  years  of  active
commissioned service and will be required to retire in the  enlisted  grade.
After 30 years of service (active service time  plus  time  on  the  retired
list) he may be advanced to the highest officer  grade  satisfactorily  held
on active duty.  Although his MAJCOM Commander  supports  continuation,  SAF
did not identify his AFSC critical to the  needs  of  the  Air  Force.   The
DPPPO evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 23  Apr
04 for review and comment 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of  an  injustice  that  would  warrant  corrective  action.   The
applicant is requesting his records be corrected in a  manner,  which  would
enable him to retire as an officer.  We note that  he  is  a  prior  service
enlisted member and is eligible  to  reenlist  and  retire  as  an  enlisted
member.  However, we believe that in view of all the circumstances  of  this
case, it would be an injustice to the applicant and the Air  Force  to  deny
him  the  opportunity  to  continue  serving  as  an  Air   Force   officer.
Specifically,  we  note  the  ERAB  recently  approved  correction  of   the
applicant’s Officer Performance Report (OPR) closing  4  June  2000.   Since
this OPR was on file in his Officer Selection Record when considered by  the
CY03B  selection  board  and  served  to  deprive  him  of  full  and   fair
consideration  for  promotion  to  major,  his   second   nonselection   and
subsequent  establishment  of  a  mandatory  DOS  should   be   set   aside.
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 corrected to show that he was not considered  for  promotion
to the grade of major by the Calendar Year  2003B  Central  Major  Selection
Board.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2004-01080
in Executive Session on 3 Jun 04, under the provisions of AFI 36-2603:

      Mr. Gregory H. Petkoff, Panel Chair
      Ms. Martha Maust, Member
      Ms. Renee Collier, Member

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

    Exhibit A.  DD Form 149, dated 1 Apr 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 15 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Apr 04.




                             GREGORY H. PETKOFF
                                             Panel Chair
AFBCMR BC-2004-01080




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 he was not considered for
promotion to the grade of major by the Calendar Year 2003B Central Major
Selection Board.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency