RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01642
		INDEX CODE:  133.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS:

Promotion to the grade of senior airman (E-4).
_________________________________________________________________

APPLICANT CONTENDS THAT:

After his court-martial, he entered into the Return to Duty Program (RTDP).  There is no error or injustice in his case.  However, since he has successfully completed RTDP, he would like to be promoted to E-4.

In support of his request, the applicant submits a personal statement, a statement from his commander and letters of recommendation.  The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force in the grade of airman basic (E-1) on 10 February 2000 for a period of six years.  He was progressively promoted to the grade of airman first class (E-3), with a date of rank (DOR) of 24 March 2000 and an effective date of 11 July 2000.  He was reduced to the grade of airman basic (E-1), pursuant to a court-martial conviction.

Information extracted from the Military Personnel Data System (MilPDS) reveals he is currently serving on active duty in the grade of airman (E-2), with an effective date and date of rank of 30 March 2004.  His high year tenure (HYT) date is 25 September 2012.  The applicant has an established date of separation (DOS) of 25 September 2006.

In April 2002, the applicant was tried by a general court-martial while serving in the grade of airman first class (E-3).  He pled guilty to four specifications of larceny.  He was found guilty and, on 11 April 2002, he was sentenced to a bad conduct discharge, reduction to the grade of E-1, confinement for 12 months and total forfeiture of all pay and allowances.  Only so much of the sentence providing for reduction to the grade of E‑1, forfeiture of all pay and allowances, confinement for nine months and a bad conduct discharge was approved, and except for the bad conduct discharge, was executed.  The applicant applied for and was accepted into the RTDP.

On 16 October 2003, the Air Force Clemency and Parole Board approved applicant for return to duty effective as soon as possible.  Additionally, the execution of the bad conduct discharge (BCD) was suspended until 14 October 2004, at which time, unless the suspension was sooner vacated, the suspended part of the sentence would be remitted.

The applicant was rendered one Enlisted Performance Report (EPR), closing 10 October 2001, with a promotion rrecommendation of “5.”
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPWB recommends the application be denied.  DPPPWB indicates that the erroneous information in the Military Personnel Data System (MilPDS) reflecting the applicant’s current grade as airman (E-2), with an effective date of 14 April 2004, has been administratively corrected to reflect the grade of E-1.  DPPPWB states that the RTDP provides airmen an opportunity to be returned to active duty and have a punitive discharge remitted; it does not provide for restoration of rank.  Based on the remittance of the BCD on 14 October 2004, the applicant will be promoted to the grade of airman (E-2), with an effective date of 15 October 2004.  He will be eligible for promotion to airman first class (E-3) on 15 August 2005 and senior airman (E-4) on 15 December 2007, provided no ineligibility conditions exist and he is recommended by his commander, and E‑4, provided he is recommended for reenlistment.

Pursuant to the Board’s request, DPPPWB amended their advisory opinion as follows.

DPPPWB states that, based on the Air Force Clemency and Review Board’s letter of 29 March 2004, remitting the applicant’s bad conduct discharge, MilPDS has been administratively corrected to reflect the applicant’s grade as airman (E-2), with an effective date and date of rank of 30 March 2004.  Based on this date, the applicant will be eligible for promotion to E-3 on 30 January 2005 and E-4 on 30 September 2006, provided no ineligibility conditions exist and he is recommended by his commander; and, for E-4, he is recommended for reenlistment.  DPPPWB recommends the application be denied.

The HQ AFPC/DPPPWB evaluations are at Exhibit C.

HQ AFPC/JA states that the RTDP offers selected court-martialed enlisted personnel with exceptional potential the opportunity to be returned to active duty and have their punitive discharge, if adjudged, remitted.  The program does not provide for promotion or the restoration of rank.  The applicant has failed to present relevant evidence of any error or injustice warranting relief.  The HQ AFPC/JA evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

The applicant reviewed the advisory opinion and indicated that he applied and was approved for clemency by the Air Force Clemency and Parole Board, with a BCD remittance date of 29 March 2004.  It appears that the letter concerning the updated remittance date was not considered.  If he is not recommended or approved for promotion to senior airman, then he should be eligible for promotion to airman, effective 30 March 2004.  His complete response, with attachment, is at Exhibit F.

A copy of the amended Air Force evaluation was forwarded to applicant on 10 September 2004 for review and response.  As of this date, this office has received no response (Exhibit G).
_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After a thorough review of the evidence of record and applicant’s submission, we are unpersuaded that promotion to senior airman (E-4) is warranted.  We are aware that the Air Force Return to Duty Program (RTDP) is extremely competitive and relatively few members such as the applicant are approved for entry in the program.  The applicant successfully completed this program and was then selected by the Air Force Clemency and Parole Board to be returned to duty and his bad conduct discharge was ultimately remitted, effective 29 March 2004.  Although the applicant has apparently performed well since his return to duty, we do not feel he has established a significant record of service since his return to justify approval of the requested accelerated promotion at this time.  Provided he continues to excel, and with the support of his commander, he should be promoted when eligible.  If the applicant encounters a problem after meeting the promotion eligibility criteria for the grade of senior airman (E-4), with his commander’s recommendation, he may resubmit his application to the Board for further review at that time.  In view of the above,  and  in  the  absence  of  persuasive  evidence  that  the applicant has been the victim of an error or injustice, we find no compelling basis on which to grant the relief sought in this application.
_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.
_________________________________________________________________

The following members of the Board considered this application in Executive Session on 14 October 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2004-01642.

   Exhibit A.  DD Form 149, dated 10 May 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letters, HQ AFPC/DPPPWB, dated 16 Jun 04, w/atch,
               and 20 Aug 04.
   Exhibit D.  Letter, HQ AFPC/JA, dated 30 Jun 04.
   Exhibit E.  Letter, SAF/MRBR, dated 9 Jul 04.
   Exhibit F.  Letter from Applicant, dated 23 Jul 04, w/atch.
   Exhibit G.  Letter, SAF/MRBR, dated 10 Sep 04.