RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2005-01486
            INDEX CODE:  131.00, 111.01
            COUNSEL:  BARRY P. STEINBERG

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reserve Officer Performance Reports (OPRs) be considered by the  Special
Selection Boards (SSBs) for the Calendar Years  1995  (CY95)  through  1998B
Major Line Central Selection Boards.

________________________________________________________________

THE APPLICANT CONTENDS THAT:

Counsel states, in part, that the refusal by the Air Force Personnel  Center
to permit consideration of  these  reports  is  an  insult  to  the  Reserve
components of the Air Force.  The Reserve component reports are regarded  as
unworthy of consideration by an SSB that is created by  statute  to  correct
improper  denial  of  prior  consideration.   Faced  with   no   performance
evaluations  for  the  periods  of  time  in  question,  the  applicant  has
determined that including these Reserve records is preferable.  In the  case
of a Reserve report which reflects promotion, SSB  members  will  know  that
their decision in scoring his file will only adjust his date of rank  to  an
earlier date.

In support of his appeal, applicant submits counsel’s statement,  copies  of
his OPRs for the period beginning 28 September 1994 and ending 27  September
1998, a copy of Air Force Form 77, Supplemental Evaluation  Sheet,  for  the
period 15 April 1992 through 27 September 1994 and other associated  Reserve
records.  Applicant’s submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was considered and not selected for retention in the Air Force  by
the FY93 RIF board, which convened on 20 Jul  92.   Pursuant  to  the  court
ordered settlement in the Berkley v. United States case,  the  CY04  Special
Board (SB) on 21 September 2004 overturned this action.   He  is  now  being
considered for promotion to the grade of major by the  Calendar  Year  1995A
through Calendar Year 1998B  Major Line Central  Selection  Boards.   He  is
currently serving in the Air  Force  Reserve  in  the  grade  of  lieutenant
colonel.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial of applicant’s request.  AFPC/DPPPO states,  in
part, that the Reserve record is just that, his Reserve  record.   Operating
under the premise that the applicant did not leave  active  duty,  he  would
not have a Reserve record and therefore, it should not be included  for  the
active duty promotion board for which he will be considered.

The AFPC/DPPPO evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Counsel states that during the period the applicant was  not  in  an  active
status, he was a  Reserve  officer.   There  are  valid,  probative  reports
reflecting upon his performance and potential for  the  period  after  1992.
The benchmark files against which he will be judged will not  contain  years
of non-rated time  and  requiring  the  applicant  to  compete  under  those
circumstances is to prejudge  the  outcome.   Counsel  further  states  that
consideration  by  the  CY05  SB  of  these  Reserve  reports  under   these
circumstances is  fair,  reasonable  and  just.   The  Reserve  records  are
official Air Force documents with relevant information,  the  use  of  which
will prejudice no other individual.

Counsel’s response is at Exhibits D.

_________________________________________________________________

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.   Applicant’s  counsel   contends   that   the
applicant’s records have significant gaps and to not allow consideration  of
his Reserve OPRs renders the SSB process futile.  We  agree.   We  note  the
Air Force’s position that operating under the  premise  that  the  applicant
did not leave active duty, he would not have a Reserve record and  therefore
should not be included for the active duty  promotion  board  for  which  he
will be considered.  We do not take issue with Air Force  policy.   However,
given the fact  that  the  applicant  is  competing  for  promotion  with  a
substantial gap in his records through no fault of his own, we  believe  the
absence of OPRs for such an extensive period of time  will  deprive  him  of
full and fair consideration.  In an effort to remove any possibility  of  an
injustice to the applicant in view of the totality of the  circumstances  of
this case, as an exception to policy, it is our  opinion  that  his  Reserve
Officer Performance Reports should be considered by the  appropriate  boards
for promotion to the grade of major by the CY05 Special Board.   We  do  not
advocate placing the OPRs, en-masse, before  each  of  the  cited  promotion
boards.  Rather, we believe each of the reports should be accepted for  file
for promotion by the cited active duty boards based on the  report  closeout
date and the date the original board convened.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that:

            a.  The Company Grade Officer Performance Report, AF Form  707B,
rendered for the period 28 September 1994  through  27 September  1995,  was
accepted for file in his Officer Selection Record, for consideration by  the
Calendar Year 1996A (4 March 1996)  Major  Line  Central  Special  Selection
Board.

            b.  The Field Grade Officer Performance Report,  AF  Form  707A,
rendered for the period beginning 28 September  1995  through  27  September
1996, and the Company  Grade  Officer  Performance  Report,  AF  Form  707B,
rendered for the period 28 September 1994  through  27 September  1995,  was
accepted for file in his Officer Selection Record, for consideration by  the
Calendar Year 1997C (16 June 1997)  Major  Line  Central  Special  Selection
Board.

            c.  The Field Grade Officer Performance Report,  AF  Form  707A,
rendered for the period beginning 28 September  1995  through  27  September
1996, and the Company  Grade  Officer  Performance  Report,  AF  Form  707B,
rendered for the period 28 September 1994  through  27 September  1995,  was
accepted for file in his Officer Selection Record, for consideration by  the
Calendar Year 1997C (16 June 1997)  Major  Line  Central  Special  Selection
Board.

            d.  The Field Grade Officer Performance Report,  AF  Form  707A,
rendered for the period beginning 28 September 1995   through  27  September
1997, and the Company  Grade  Officer  Performance  Report,  AF  Form  707B,
rendered for the period 28 September 1994  through  27 September  1995,  was
accepted for file in his Officer Selection Record, for consideration by  the
Calendar Year 1998B (6 April 1998)  Major  Line  Central  Special  Selection
Board.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2005-01486
in Executive Session on 11 May 2005, under the provisions of AFI 36-2603:

                       Mr. Charles E. Bennett, Panel Chair
                       Ms. Martha J. Evans, Member
                       Mr. Christopher D. Carey, Member

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

    Exhibit A.  DD Form 149, dated 19 Apr 05, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPO, dated 3 May 05.
    Exhibit C.  Letter, SAF/MRBR, dated 5 May 05.
    Exhibit E.  Email, Counsel, dated 5 May 05.




                                   CHARLES E. BENNETT
                                   Panel Chair

AFBCMR BC-2005-01486




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 toxxxxxxxxx, be corrected to show that:

            a.  The Company Grade Officer Performance Report, AF Form 707B,
rendered for the period 28 September 1994 through 27 September 1995, was
accepted for file in his Officer Selection Record, for consideration by the
Calendar Year 1996A (4 March 1996) Major Line Special Central Selection
Board.

            b.  The Field Grade Officer Performance Report, AF Form 707A,
rendered for the period beginning 28 September 1995 through 27 September
1996, and the Company Grade Officer Performance Report, AF Form 707B,
rendered for the period 28 September 1994 through 27 September 1995, was
accepted for file in his Officer Selection Record, for consideration by the
Calendar Year 1997C (16 June 1997) Major Line Special Central Selection
Board.

            c.  The Field Grade Officer Performance Report, AF Form 707A,
rendered for the period beginning 28 September 1995 through 27 September
1996, and the Company Grade Officer Performance Report, AF Form 707B,
rendered for the period 28 September 1994 through 27 September 1995, was
accepted for file in his Officer Selection Record, for consideration by the
Calendar Year 1997C (16 June 1997) Major Line Central Special Selection
Board.

            d.  The Field Grade Officer Performance Report, AF Form 707A,
rendered for the period beginning 28 September 1995  through 27 September
1997, and the Company Grade Officer Performance Report, AF Form 707B,
rendered for the period 28 September 1994 through 27 September 1995, was
accepted for file in his Officer Selection Record, for consideration by the
Calendar Year 1998B (6 April 1998) Major Line Central Special Selection
Board.






JOE G. LINEBERGER

Director

Air Force Review Boards Agency