RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03499
		INDEX CODES:  123.08, 131.05

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His date of rank (DOR) for promotion to the grade of airman first class (A1C) (E-3) be changed from 16 Sep 03 to 13 Jul 01.

The lost time as a result of his confinement be waived.

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APPLICANT CONTENDS THAT:

Because of his current DOR and date of separation (DOS), he will not be able to hold the rank of A1C for 12 months.  Therefore, he will be ineligible to reenlist.  If his DOR was 13 Jul 01, his time in the grade of A1C would allow him to reenlist and proceed with his career progression.  

It has been one year and four months since he completed the Return to Duty Program (RTDP) and he feels he has had a successful transition back into the Air Force.  Since his return to duty, he has used what he learned about himself and others to help inform airmen of the career and possible life-altering decisions one can make, creating more of a situational awareness and a sense of pride in this calling he holds so dear.  He has provided statements which will attest to his ability to impact and lead others, along with his intense desire to continue his obligation as a servicemember.

In support of his appeal, the applicant has provided numerous supportive statements, including a statement from his commander, several of which were unsigned.

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

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STATEMENT OF FACTS:

On 16 Nov 01, the applicant was convicted by Summary Court-Martial for, between 24 Mar 01 and 25 Mar 01, wrongfully using and possessing a Schedule I controlled substance (mushrooms containing psilocyn and/or psilocybin).  He was sentenced to a reduction from the grade of airman first class to airman basic and confinement for 20 days.

An AF Form 2098, Duty Status Change, indicates that from 16 Jan 02 to 25 Jul 02, the applicant was enrolled in the RTDP, which required him to enter the Air Force Corrections System for the purpose of rehabilitation.

Information extracted from the Personnel Data System (PDS) indicates that the applicant is currently serving on active duty in the grade of airman first class, having been promoted to that grade on 16 Sep 03.  His Total Active Federal Military Service Date (TAFMSD) is 12 Sep 00.

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AIR FORCE EVALUATION:

AFPC/DPPPWB indicated that they found no errors requiring corrective action concerning the applicant’s current grade and DOR.

A complete copy of the AFPC/DPPPWB evaluation is at Exhibit C.

AFPC/JA recommended denial indicating that the applicant has not denied commission of the offenses nor has he offered any other evidence that would prove that he did not commit the offenses for which he was convicted by a court-martial.  On the contrary, one of the requirements of the RTDP is that the airman accepts responsibility for his crimes.  The applicant also has not alleged any error in his court-martial.  He still has a valid conviction and sentence.  Likewise, he has cited no error or injustice in the computation of his DOR or DOS or his reenlistment eligibility.  The fact that he complete the RTDP does not guarantee the applicant a lengthy Air Force career.  In AFPC/JA’s view, the applicant has not met the burden of proving an error or injustice in his case, and his DOR should not be changed.

A complete copy of the AFPC/JA evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

By application, dated 4 Feb 04, the applicant furnished a response indicating that as a result of the RTDP, he has gained an unbelievable amount of self-awareness, confidence, and focus into his future.  He believes his actions and the effects of the RTDP will not only impact his future as an adult, but will also help him in becoming one of the better leaders in the Air Force if given a chance.  He reiterated that he has made a successful transition back into the Air Force and has a renewed commitment to serve.  If allowed, he plans on making the Air Force a career.  However, no matter what decision the Board makes, he will respect it.  He does not believe he deserves a second chance, but rather, he owes the Air Force and is indebted to the organization for all it has given him.  It would be an honor to be granted the opportunity to serve again.

Applicant’s complete response, with attachments, is at Exhibit F.

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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 warranting corrective action.  The evidence of record indicates that the applicant was convicted by court-martial of wrongfully using and possessing a Schedule I controlled substance (mushrooms containing psilocyn and/or psilocybin) and was reduced in grade from airman first class to airman basic.  He was subsequently enrolled in and successfully completed the RTDP.  He now requests that his DOR for promotion to the grade of airman first class be changed to his original DOR of 13 Jul 01.  He contends that because of his DOS of 11 Sep 04, his current DOR of 16 Sep 03 will result in his falling short of the 12-month time in grade (TIG) requirement to be eligible to reenlist.  Since the applicant was found guilty of the use and possession of a controlled substance, and has not denied the commission of the offenses, we are not inclined to recommend corrective action that would result in his original DOR being restored.  However, in view of his successful completion of the RTDP, his outstanding duty performance, and the support of his commander, we are sufficiently persuaded that the applicant should be afforded relief that would result in his eligibility for reenlistment.  Therefore, we believe a DOR in the grade of airman first class a year after his conviction is proper and fitting relief.  Accordingly, we recommend that the applicant’s DOR in the grade of airman first class be changed to 16 Nov 02.

4.  We note the applicant’s request that the lost time due to his confinement be waived.  However, since it appears his commander may waive this requirement, and because of the commander’s strong support for the applicant, we believe he will waive the lost time in order for the applicant to reenlist.  Therefore, this portion of the applicant’s appeal is not favorably considered.

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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 he was promoted to the grade of airman first class (E-3) effective and with a date of rank of 16 Nov 02.

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The following members of the Board considered AFBCMR Docket Number BC-2003-03499 in Executive Session on 11 Feb 04, under the provisions of AFI 36-2603:

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

     Exhibit A.  DD Form 149, dated 12 Oct 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPWB, dated 18 Nov 03.
     Exhibit D.  Letter, AFPC/JA, dated 8 Jan 04, w/atch.
     Exhibit E.  Letter, SAF/MRBR, dated 8 Jan 04.
     Exhibit F.  DD Form 149, dated 4 Feb 04, w/atchs.

                                   

AFBCMR BC-2003-03499

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 he was promoted to the grade of airman first class (E-3) effective and with a date of rank of 16 Nov 02.