RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01310
		INDEX NUMBER:  123.00
	XXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

The 18 days of lost duty time he received as a result of civilian confinement be restored.

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APPLICANT CONTENDS THAT:

Prior to his confinement he had an impeccable record.

When his case was presented to a Grand Jury, he was “No Billed” and released from subsequent charges.

In support of his appeal, applicant submits a copy of the paperwork showing that he was not charged and a letter of support from his commander requesting favorable consideration of his request.

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

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STATEMENT OF FACTS:

According to documents provided by the applicant, he was confined by civilian authorities from 1 thru 18 Nov 02 for an alleged offense, resulting in his being charged 18 days of lost time.  On 18 Nov 02, he was released from confinement without charges being filed.

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AIR FORCE EVALUATION:

AFPC/DPW advises that current law precludes them from removing the “lost time” from the applicant’s record.  They provide an overview of the United States Code and DoD directives that specify when a member is charged lost time.  The last amendment to the law in 1996 changed the language regarding “lost time” to include “in connection with a trial.”  The language of the statute could clearly cause an inequity or injustice to those members who have been acquitted or received similar disposition of their case.

The complete evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 30 May 03 for review and response within 30 days.  To date, a response has not been received.

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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.  The assessment of lost time can have a deleterious effect on an individual’s career.  Unfortunately, the wording of the applicable law requires it to be assessed in situations where it appears unwarranted.  Such is the applicant’s case.  Although confined by civilian authorities for 18 days, he was subsequently cleared and not charged with an offense.  The majority of the Board believes this constitutes an injustice.  We note that there are ongoing efforts to change the language of the applicable law to preclude these types of cases.  The Board has been previously advised that it has the authority to remove lost time and has done so.  In view of the circumstances of this case, a majority of the Board recommends that the applicant’s lost time be removed.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that the period      1 November 2002 to 18 November 2002 was not lost time; that all references thereto be deleted from his records; and, that he is entitled to full pay and allowances during this period.

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The following members of the Board considered this application in Executive Session on 2 July 2003, under the provisions of AFI 36-2603:

By majority vote, the Board voted to correct the records, as recommended.  XXXXXX voted to deny the request and did not desire to submit a minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Apr 03.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPW, dated 22 May 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 30 May 03.

                                   

AFBCMR BC-2003-01310

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:

XXX-XX-XXXX, be corrected to show that the period 1 November 2002 to 18 November 2002 was not lost time; that all references thereto be deleted from his records; and, that he is entitled to full pay and allowances during this period.