DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 97-00562
MAY 1 8 1998
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:
itary records of the Department of the Air Force relating to
be corrected to show that:
,... .
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b. On 19 February 1997, competent authority approved his request for a waiver of his High
Year of Tenure as an exception to policy; and, he was honorably discharged effective 20 February
1997 and, on 21 February 1997, he reenlisted in the Regular Air Force for a period of four (4) years.
/ Director
Air Force Review Boards Agency
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AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
ADDENDUM TO
IN THE MATTER OF:
DOCKET NUMBER: 97-00562
COUNSEL: None
HEARING DESIRED: NO
MAY 1 8 1998
APPLICANT REQUESTS THAT:
His current enlistment be extended for a period of 4 years beyond
his completion of a one-year period of probation (ending on
20 February 1997), resulting in a date of separation of 20 February
2001.
RESUME OF THE CASE:
On 14 September 1992, the applicant was tried and convicted by a
court-martial f o r the offenses of wrongful use of heroin and
cocaine, for adultery, and for thrice failing to maintain
sufficient funds in his checking accounts. He was sentenced to be
discharged with a bad conduct discharge, to be confined f o r 24
months, to forfeit $500.00 per month f o r 24 months, and to be
reduced to the grade of airman basic. The portion of the sentence
pertaining to forfeitures was suspended. While in confinement, the
applicant was selected for participation in the Return-to-Duty
Program (RTDP) . After successfully completing the program, he was
restored to active duty in the grade of airman basic on 31 May
1996. He was thereafter promoted to the grade of airman (E-2) , on
21 February 1997.
On 10 February 1997, the applicant submitted an application to the
Board requesting that his High Year of Tenure (HYT) of - 3 1 May 1997
be waived to coincide with his Expiration of Term of Service of
24 August 1999. The Board favorably considered his request on
15 May 1997 (see AFBCMR 97-00562, dated 19 May 1997, with Exhibits
A through G.)
The applicant is currently serving in the grade of airman first
class ( E - 3 ) , having been promoted to that grade on 21 December
1997. Since his restoration to active duty, he has received two
Enlisted Performance Reports (EPRs) , closing 26 September 1996 and
18 August 1997, with promotion recommendation ratings of 4 and 5,
respectively.
APPLICANT CONTENDS THAT:
He is aware of a case similar to his where the applicant was
permitted to extend/reenlist for 4 years from the point of his
completing his 1 year of probation. This decision made reference
to yet another case where the Board granted similar relief. He
would like the same consideration as these two other applicants.
He believes that in accordance with the intent of the RTDP,
approval of the requested relief would be appropriate and proper in
view of the time and money expended by the Air Force (Exhibit H).
THE BOARD CONCLUDES THAT:
As a result of an earlier review of the applicant’s case, the
specific relief he requested was granted based on findings of
injustice. We have reviewed the applicant’s amended request for
relief and believe favorable consideration of his request is
appropriate based on the fact that similar relief was afforded to
other applicants in this applicant‘s position. We can find no
basis in the evidence in his case, either before or after his
conviction, when compared to the cases of the other affected
airmen, which would cause us to conclude that he should not be
afforded the relief requested in his most recent application.
Accordingly, it is our opinion that the applicant’s records should
be corrected in the following manner.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that:
a. The Memorandum for the Chief of Staff, AFBCMR 97-00562,
issued on 19 May 1997, as pertains to APPLICANT, be declared void.
b. On 19 February 1997, competent authority approved his
request for a waiver of his High Year of Tenure as an exception to
policy; and, he was honorably discharged effective 20 February 1997
and, on 21 February 1997, he reenlisted in the Regular Air Force
for a period of four ( 4 ) years.
The following members of the Board considered this application in
Executive Session on 21 April 1998 under the provisions of AFI
36-2603 :
Mr. Thomas S. Markiewicz, Panel Chair
Mr. Joseph G. Diamond, Member
Mr. Richard A. Peterson, Member
2
AFBCMR 97-00562
c
All members voted to correct the records, as recommended.
following additional documentary evidence was considered:
The
Exhibit H. DD 149, dated 21 October 1997, with attachments.
f-----?-+--&
THOMAS S. MARKIEWICZ
Panel Chair
3
AFBCMR 9 7 - 0 0 5 6 2
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You, did, at or near AFB, 16 July 1997 an official statement, to wit: "The check that was written to the tten by my wife,11 which Child Care Center +and bounc statement was totally false, en known by you to be so FB between on or about 'false. 14 July 7, with intent to deceive, , an off5cial statement, to wit: "The make to check t the Child Care Center and bounced was written by my wife," which statement was totally false, then known by you to be so false. However, should the board grant...