RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03840
                                 (CASE 3)
            INDEX CODES:  110.03, 131.01,
                          131.09

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  18 Jun 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reinstated to active duty, effective 1 Mar 98, with all back pay
and allowances.

He be promoted to the  grade  of  major  as  though  selected  by  the
Calendar Year 1998 (CY98) Major Board.

He be provided special consideration for subsequent promotion  to  the
grade of lieutenant  colonel  by  either  directly  promoting  him  to
lieutenant colonel based on what would have been  his  in-the  primary
zone (IPZ) board, or he  be  given  additional  IPZ  consideration  on
future boards.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While he was on active duty, he was considered for promotion to  major
by the Calendar Year 1996 (CY96) and Calendar Year 1997  (CY97)  Major
Boards but was nonselected.  He was not offered selective continuation
following the CY97 board, and was involuntarily separated from  active
duty.  Following the removal of a disputed Officer Performance  Report
(OPR), he was provided Special Selection Board (SSB) consideration for
promotion to major by the CY96  and  CY97  boards.   Although  he  was
nonselected, he was selected  for  continuation,  which  he  accepted.
During the initial continuation period, he would have been  considered
for promotion by the CY98, Calendar Year 1999 (CY99), and the Calendar
Year 2000 (CY00) boards.  If nonselected for  promotion  by  the  CY98
board, he would have been offered continuation to 20 years  of  active
service.  Therefore, he should be reinstated to active duty as  though
he had never been separated.  Further, had he not been separated  from
active duty, he would have been considered for promotion  every  year.
Therefore, SSB consideration for all subsequent years would have  been
appropriate.   However,  because  he  has   no   OPRs   or   Promotion
Recommendation  Forms  (PRFs),  he  would  not  be   competitive   for
promotion.  Thus, he requests reinstatement at  his  current  rank  of
major, and that his date of  rank  (DOR)  be  adjusted  appropriately.
After he is reinstated, whether or not his DOR is adjusted,  he  would
not be able to be competitive  for  promotion  to  lieutenant  colonel
because he has not been eligible to hold positions and does  not  have
OPRs that  would  make  him  competitive.   Therefore,  he  should  be
provided special consideration by promoting him directly or  affording
him addition consideration.

In  support  of  his  appeal,  the  applicant  provided  an   expanded
statement, and documentation pertaining to his correction of  records,
SSBs and selective continuation.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was honorably discharged on 28 Feb 98 under  the  provisions
of AFI 36-3207 (Nonselection Permanent Promotion).   He  was  credited
with 12 years, 3 months, and 13 days of active service.

On  14  Aug  02,  the  Board  considered  and  denied  an  application
pertaining to the applicant, in which he requested  that  his  Officer
Performance Report (OPR) rendered for the period 9 Jul 93  through  22
Aug 94 be declared void and removed from his records; his OPR rendered
for the period 23 Aug 94 through  15  Jul  95  be  declared  void  and
removed from his records; his PRF prepared for  consideration  by  the
CY96A Central Major Selection Board be declared void and removed  from
his records; his PRF prepared for consideration by the  CY97C  Central
Major Selection Board be declared void and removed from  his  records;
he be provided SSB consideration for promotion to the grade  of  major
in-the-primary zone;  if  selected  for  promotion  to  major,  he  be
reinstated to active duty as of the date of  his  separation  (28  Feb
98), and his promotion be effective as of the date it would have  been
effective had he been promoted in-the-primary zone;  he  receive  back
pay and allowances in  the  grade  of  major  from  the  date  of  his
promotion to the date of his reinstatement; he receive time  in  grade
for pay, promotion, and retirement  purposes  from  the  date  of  his
promotion to the date of his reinstatement; all evidence  of  a  Naval
Service Flying Evaluation Board (FENAB), dated 27 Jul 94, be  expunged
from his records; and, if not selected for promotion by an SSB, he  be
selectively continued as a pilot in the rank of captain from the  date
of his separation with all back pay and allowances and credit for time
in grade for pay, promotion, and retirement purposes (Exhibit C).

On 23 Feb 04, the Board considered an application  pertaining  to  the
applicant, in which he requested that his OPR rendered for the  period
23 Aug 94 through 15 Jul 95 be declared  void  and  removed  from  his
records; and,  any  and  all  actions  as  a  result  of  the  OPR  be
invalidated such as:  his OPR rendered for the period 9 Jul 93 through
22 Aug 94 be declared void and  removed  from  his  records;  his  PRF
prepared for consideration by the CY96A Central Major Selection  Board
be declared void and removed from his records; his  PRF  prepared  for
consideration by the CY97C Central Major Selection Board  be  declared
void and removed from his records; he be reinstated to active duty  as
of the date of his separation;  he  be  given  SSB  consideration  for
promotion to the grade of major; and, he receive back  pay,  benefits,
and credit toward retirement for all the active  duty  time  he  would
have served.  The majority of the  Board  recommended  denial  of  his
appeal.  The Director, Air Force Review Boards Agency, agreed with the
minority member that relief was warranted and directed the applicant’s
OPR closing 15 Jul 95 and his PRFs prepared for the  CY96A  and  CY97C
Major Boards be voided and removed from his records, and he  be  given
SSB consideration (Exhibit D).

On 13 Sep 04, the applicant was given SSB consideration for  promotion
to the grade of major by the CY96A and CY97C Major  Boards.   Although
he was nonselected for promotion, he was selected for continuation for
an initial three-year period.  On 7 Dec 04, the applicant accepted the
initial continuation offer.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO indicated that if the  applicant  had  remained  on  active
duty, he would have been eligible for the  CY98  Major  Board  and  if
nonselected, would have been  offered  continuation  to  20  years  of
active service or retirement  eligibility.   If  he  would  have  been
selected for promotion to major by  the  CY98  board,  he  would  have
received a DOR and effective date of 1 Sep 98 and would have been  IPZ
eligible for promotion to lieutenant colonel by the  CY02B  lieutenant
colonel board.   Based  on  the  evidence  provided,  they  impose  no
objection to the applicant’s return to active duty effective 1 Mar 98.
 In addition, in order to make him competitive for future  promotions,
they concur with his reinstatement to active duty  with  promotion  to
major.  However, they recommend his DOR not  be  backdated  as  though
selected by an earlier board, but that he retain his current DOR of  1
Oct 02.  This would allow  him  to  build  a  competitive  record  for
promotion to lieutenant colonel.  They do not support direct promotion
to lieutenant colonel at this time.

A complete copy of the AFPC/DPPPO evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the  advisory  opinion  and  furnished  a  response
indicating he concurred with the recommendation he  be  reinstated  to
active duty effective 1 Mar 98 at his current grade and DOR.

Applicant’s complete response is at Exhibit G.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DPPPO provided  another  advisory  indicating  that  because  the
applicant was competitively selected  for  promotion  to  major  by  a
Reserve central  promotion  board,  it  is  possible  with  additional
reports in his record, he could have been  promoted  to  major  by  an
active duty board at some time later in his career.   Therefore,  they
recommend the applicant be  promoted  to  major  by  the  CY02A  Major
Central Selection Board with a DOR and effective date of 1 Oct 02.

A complete copy of the AFPC/DPPPO evaluation is at Exhibit H.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Applicant provided a response indicating the advisory appeared  to  be
only an expanded explanation of AFPC/DPPPO’s  previous  recommendation
of his case.  As such, he  saw  no  reason  to  change  his  position.
Therefore, he agrees with  the  recommendation  to  reinstate  him  to
active duty as of 1 Mar 98, with an active  duty  promotion  to  major
effective 1 Oct 02.

Applicant’s complete response is at Exhibit J.

_________________________________________________________________

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  error  or  injustice.   After  a  careful  and  thorough
analysis of the facts and circumstances of this case, and the apparent
concurrence of the applicant, we agree  with  the  latter  recommended
relief proffered by AFPC/DPPPO.  In our view, such  corrective  action
is proper and fitting relief.   Accordingly,  we  recommend  that  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 to show that:

      a.  He was not discharged from all  appointments  on  28 Feb 98,
but was continued on active duty and was ordered Permanent  Change  of
Station (PCS) to his  home  of  record  (home  of  selection)  pending
further orders.

      b.  He was selected for promotion to the grade of major  by  the
Calendar Year 2002A (CY02A) Major Central Selection  Board,  and  that
action be initiated to obtain Senate confirmation.

      c.  Upon Senate confirmation, he be promoted  to  the  grade  of
major effective and with a date of rank of 1 Oct 02.

      d.  Any nonselections for promotion to the grade  of  lieutenant
colonel prior to  receiving  a  minimum  of  two  Officer  Performance
Reports (OPRs) with at least 250 days of supervision, in the grade  of
major, be set aside.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2004-03840 in Executive Session on 24 Mar 05 and 13 Jun 05, under  the
provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Gregory A. Parker, Member
      Mr. Alan A. Blomgren, Member

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

     Exhibit A.  DD Form 149, dated 9 Dec 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Record of Proceedings, dated 11 Sep 02.
     Exhibit D.  Memorandum for Executive Director,
                 dated 30 Mar 04, w/atchs.
     Exhibit E.  Letter, AFPC/DPPPO, dated 6 Jan 05.
     Exhibit F.  Letter, SAF/MRBR, dated 14 Jan 05.
     Exhibit G.  Letter, applicant, dated 19 Jan 05.
     Exhibit H.  Letter, AFPC/DPPPO, dated 26 Apr 05.
     Exhibit I.  Letter, AFBCMR, dated 27 Apr 05.
     Exhibit J.  Letter, applicant, dated 27 Apr 05.




                                   RICHARD A. PETERSON
                                   Panel Chair



AFBCMR BC-2004-03840




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 , be corrected to show that:

            a.  He was not discharged from all appointments on
28 Feb 98, but was continued on active duty and was ordered Permanent
Change of Station (PCS) to his home of record (home of selection)
pending further orders.

            b.  He was selected for promotion to the grade of major by
the Calendar Year 2002A (CY02A) Major Central Selection Board, and
that action be initiated to obtain Senate confirmation.

            c.  Upon Senate confirmation, he be promoted to the grade
of major effective and with a date of rank of 1 Oct 02.

            d.  Any nonselections for promotion to the grade of
lieutenant colonel prior to receiving a minimum of two Officer
Performance Reports (OPRs) with at least 250 days of supervision, in
the grade of major, be set aside.





    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency