RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03591

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His grade of senior airman (E-4) be reinstated.
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APPLICANT CONTENDS THAT:

His commander intended to restore his rank sometime after the imposition of the Article 15 punishment as long as he was able to fully accept responsibility for his actions and serve as a role model.  Due to an oversight, no supplemental action on the Article 15 took place.

In support of his request, applicant submits a copy of the Article 15 action and statements from his former commanders.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

On 15 August 2000, applicant enlisted in the Regular Air Force in the grade of airman basic (E-1) for a period of six years.  He was progressively promoted to the grade of senior airman (E-4), effective 29 January 2003.  He was reduced to the grade of airman first class (E-3), with a new date of rank (DOR) of 6 February 2003, pursuant to an Article 15.

On 21 January 2003, applicant was notified of his commander's intent to impose nonjudicial punishment on him under Article 15, UCMJ.  The misconduct applicant had allegedly committed was for possession of an alcoholic beverage while under the legal drinking age of 21, on or about 16 October 2002, in violation of Article 134, UCMJ.  The applicant consulted a lawyer, waived his right to demand trial by court-martial and accepted nonjudicial punishment.  After considering all matters presented to her, the commander found that the applicant did commit one or more of the offenses alleged.  The commander imposed punishment consisting of forfeiture of $150.00 pay per month for two months and a reduction to the grade of airman first class (E-3), with a new date of rank of 6 February 2003.  Applicant did not appeal the punishment.  The Article 15 action was filed in the applicant’s Unfavorable Information File (UIF).

Applicant's Enlisted Performance Report (EPR) profile follows:

		Period Ending	Evaluation

		   14 Apr 02	5 - Immediate Promotion
		   14 Apr 03	4 - Ready for Promotion
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AIR FORCE EVALUATIONS:

AFLSA/JAJM recommends the reduction in rank be set aside.  JAJM states that because of administrative oversight, the commander’s intentions to mitigate the reduction in rank were not followed.  Given all the circumstances, it is in the best interest of the Air Force to return the applicant to the rank of E-4 as his commander intended.  If the reduction is set aside, the applicant’s rank reverts to his original date of rank to E-4 and the nonjudicial punishment remains a part of his records.  The AFLSA/JAJM evaluation, with attachment, is at Exhibit C.

HQ AFPC/DPPPWB defers to the recommendation of AFLSA/JAJM.  DPPPWB states that, should the Board grant the applicant’s request, his date of rank to E-4 would be 29 January 2003.  The HQ AFPC/DPPPWB evaluation is at Exhibit D.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to applicant on 30 January 2004 for review.  As of this date, no response has been received by this office (Exhibit E).
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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 an injustice.  After reviewing the applicant’s submission and the evidence of record, to include the commander’s statements, we are persuaded that the commander who imposed the Article 15 punishment intended to restore the applicant to the grade of senior airman (E-4) sometime after the imposition of the punishment.  However, due to an administrative oversight, no supplemental action on the Article 15 took place.  We, therefore, are in agreement with the opinion and recommendation of the appropriate Air Force office, AFLSA/JAJM, that the evidence supports setting aside the applicant’s reduction in rank.  In view of the foregoing, we recommend the applicant’s records be corrected to the extent indicated below.
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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 so much of the punishment as pertains to a reduction from senior airman (E-4) to airman first class (E-3), imposed on him under Article 15, UCMJ, on 6 February 2003, be set aside and all rights, privileges and property of which he may have been deprived be restored.
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The following members of the Board considered this application in Executive Session on 25 March 2004, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2003-03591.

   Exhibit A.  DD Form 149, dated 21 Oct 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFLSA/JAJM, dated 8 Dec 03.
   Exhibit D.  Letter, HQ AFPC/DPPPWB, dated 5 Jan 04.
   Exhibit E.  Letter, SAF/MRBR, dated 30 Jan 04.

                                   

AFBCMR BC-2003-03591

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 so much of the punishment as pertains to a reduction from senior airman (E-4) to airman first class (E-3), imposed on him under Article 15, UCMJ, on 6 February 2003, be, and hereby is, set aside and all rights, privileges and property of which he may have been deprived be restored.