RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02493
		INDEX CODE:  131.04, 131.05
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His rank of airman first class (E-3) be restored with at least twenty months of time-in-grade (TIG) and he be given a career job reservation (CJR) so he may reenlist.  

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APPLICANT CONTENDS THAT:

The Air Force has allowed him to complete the Return-to-Duty Program (RTDP).  He is currently serving as a Health Services Management Apprentice (4A031).  He works in the patient administration and TRICARE and performs at a noncommissioned officer level.  Based on his current rank, he cannot officially perform as a supervisor and leader although he possesses all of the ability and training.  Without approval of his requests, he will be unable to reenlist, negating the value and intent of the RTDP.   

In support of his request, applicant provides copies of character reference letters and letters of support, copies of his Letters of Appreciation and Certificates of Training, two copies of AF Form 77, Supplemental Evaluation Sheet, for the periods ending 1 December 2001 and 11 January 2002 and a unofficial copy of an Enlisted Performance Report.  His submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant contracted his initial enlistment on 31 March 2000 for a period of four years and was progressively promoted to the grade of A1C.  

On 28 August 2002, the applicant was found guilty by general court-martial for the wrongful use of cocaine and sentenced to confinement for 7 months, reduction to the grade of airman basic, and forfeiture of $700 pay per month for 7 months.  Applicant was confined from 28 August 2002 through 7 May 2003.

The Military Personnel Database (MilPDS) reflects the applicant’s rank as A1C (E-3) with a date of rank (DOR) and an effective date of 19 September 2004 (correction of DOR date recommended by AFPC/DPPPWB to 8 March 2004, see Exhibit C).  He has a date of separation of 8 December 2004.  

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AIR FORCE EVALUATION:

AFPC/DPPPWB recommends denial.  DPPPWB states that based on the applicant’s DOR to AB (11 Sep 02), he would have been eligible for promotion to airman on 11 Mar 03 and to A1C on 11 January 2004, if there were no ineligibility factors and he was recommended by his commander.  In accordance with AFI 36-2502, Airman Promotion Program, table 1.1, rule 4, DPPPWB states he was ineligible for promotion for a particular cycle when he was convicted by a court-martial, or was undergoing punishment/suspended punishment imposed by court-martial.  Since the applicant was in confinement until 7 May 2003, he was not eligible for promotion to airman until 8 May 2003 (6 months’ TIG) and was eligible for promotion to A1C on 8 March 2004 (10 months’ TIG).  DPPPWB further 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.  The DPPPWB evaluation is at Exhibit C. 

AFPC/DPPAE recommends denial.  DPPAE states that in order to be considered for a CJR and for reenlistment, the applicant must have held A1C for a minimum of 12 months from his new date of rank.  DPPAE further states that the applicant will not have held A1C for at least 12 months as of his date of separation of 8 December 2004.  The AFC/DPPAE evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant apologizes for his wrongful use of cocaine and hopes he can be given the opportunity to continue to rebuild his career.  Since his release, he has done everything to prove his dependability by giving his all.  He has learned his lesson for the rest of his life.  He requests the Board consider the character statements, his letter of evaluation and his EPR comments.  He believes these documents depict an accurate picture of who he is.  If he is allowed to reenlist he will continue his hard work and dedication to the Air Force.  Applicant’s letter 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 warrant partial relief in an exercise of clemency.  The applicant requested that his rank of airman first class (A1C) be restored with at least twenty months of time-in-grade (TIG) and he be given a career job reservation (CJR) so he may reenlist.  We note that in his current grade of airman first class, he reaches his Expiration Term of Service on 8 December 2004 and must separate.  However, if the applicant were restored with twenty months of TIG, he would then become eligible for promotion to senior airman (E-4).  Therefore, granting his appeal would essentially remove the punishment of grade reduction imposed by court-martial for his misconduct.  We are aware that the Return to Duty Program is extremely competitive and that relatively few members such as the applicant are approved for entry in the program.  While not ignoring the seriousness of the offense of which the applicant was convicted, we believe that his actions were due, in a large part, to youthful immaturity.  The Board took note that the applicant completed the rigorous RTDP in March 2003 thereby completing his seven-month confinement, and appears well on his way towards rehabilitation, as evidenced by strong supporting statements. The applicant also takes full responsibility for his misconduct and wants very much to continue in the service. Therefore, after weighing the evidence presented, we believe a more equitable remedy would be to provide the applicant the opportunity to reenlist with appropriate waivers and to adjust his date of rank to A1C to 1 September 2003, which will allow the applicant sufficient time to attain the grade of senior airman and a opportunity to continue his career and/or attain continued grade progression while being an asset to the Air Force.  Therefore, we recommend the applicant’s records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

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

	     a.  His date of rank to the grade of Airman First Class (E-3) be changed from 8 March 2004 to 1 September 2003.  

	     b.  On 30 November 2004, he requested a waiver of the grade requirement and Career Job Reservation (CJR) to obtain eligibility for reenlistment in the Regular Air Force and his requests were approved by competent authority.

	     c.  On 1 December 2004, he was honorably discharged and on 2 December 2004, he reenlisted in the Regular Air Force for a period of four years.  

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The following members of the Board considered this application in Executive Session on 30 November 2004 under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence relating to AFBCMR Docket Number BC-2004-02493 was considered:

   Exhibit A.  DD Form 149, dated 2 Aug 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPWB, dated 30 Aug 04.
   Exhibit D.  Letter, HQ AFPC/DPPAE, dated 4 Oct 04.
   Exhibit E.  Letter, SAF/MRBR, dated 15 Oct 04.
   Exhibit F.  Letter, Applicant, dated 1 Nov 04.

AFBCMR BC-2004-02493

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 xxxxxxxxxxxxxx, be corrected to show that:

	     a.  His date of rank to the grade of Airman First Class (E-3) be changed from 8 March 2004 to 1 September 2003.  

	     b.  On 30 November 2004, he requested a waiver of the grade requirement and Career Job Reservation (CJR) to obtain eligibility for reenlistment in the Regular Air Force and his requests were approved by competent authority.

	     c.  On 1 December 2004, he was honorably discharged and on 2 December 2004, he reenlisted in the Regular Air Force for a period of four years.