INDEX CODE: 126.04, 110.03
AFBCMR 01-01510
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
SUBJECT: APPLICANT
Having carefully reviewed this application, we agree with the
recommendation of the Air Force office of primary responsibility and
adopt the rationale expressed as the basis for our decision that the
applicant has been the victim of either an error or an injustice.
Therefore, under the authority delegated in AFI 36-2603, the applicant's
records will be corrected as set forth in the accompanying Memorandum for
the Chief of Staff signed by the Executive Director of the Board or his
designee.
Members of the Board Mr. John L. Robuck, Mr. Laurence M. Groner,
and Mr. Philip Sheuerman considered this application on December 6, 2001.
JOHN L. ROBUCK
Panel Chair
Attachments:
1. Ltr, AFLSA/JAJM, dtd Sep 19, 2001,
w/Atchs
2. Ltr, AFPC/DPPPWB, dtd Oct 25, 2001
3. Ltr, AFPC/JA, dtd Nov 2, 2001
4. Ltr, AFPC/DPPRS, dtd Nov 7, 2001
AFBCMR 01-01510
MEMORANDUM FOR THE CHIEF OF STAFF
Under the authority of Section 1552, Title 10, United States Code
and Air Force Instruction 36-2603, and having assured compliance with the
provisions of the above regulation, the decision of the Air Force Board
for Correction of Military Records is announced, and it is directed that:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that:
a. The nonjudicial punishment under Article 15, UCMJ,
initiated on 23 August 1999 and imposed on 1 October 1999, be, and hereby
is, set aside and expunged from his records, and all rights, privileges
and property of which he may have been deprived be restored.
b. All documents and references to his involuntary discharge
under the provisions of AFI 36-3208, paragraph 5.54 on 24 December 1999,
be, and hereby are, declared void and removed from his records.
It is further directed that, should he accept the offer of
reinstatement to active duty enlisted status within 60 days of the date
he is notified by competent authority at the Air Force Personnel Center
that such an option is available to him, his records be corrected to show
he was honorably discharged on 4 January 2000 and on 5 January 2000, he
reenlisted in the Regular Air Force for a period of 4 years. Should he
not accept the offer to return to active duty enlisted status within 60
days following the date of notification by competent authority at the Air
Force Personnel Center, his records be corrected to show that on
4 January 2000, he was honorably released from active duty and
transferred to the Air Force Reserve for Completion of his Military
Service Obligation (MSO) under the provisions of AFI 36-3208, paragraph
2.2, (Expiration of Term of Service), with a separation code of MBK and a
reenlistment eligibility (RE) code of 1 J; and, that he was honorably
discharged from the Air Force Reserve on 16 September 2001 for completion
of MSO.
It is further directed that, provided he returns to active duty
enlisted status and meets all he required eligibility criteria, he be
provided supplemental consideration for promotion to the grade of staff
sergeant (E-5) for all the appropriate cycles.
If AFPC discovers any adverse factors during or subsequent to
supplemental consideration that are separate and apart, and unrelated to
the issues involved in this application, that would have rendered the
applicant ineligible for the promotion, such information will be
documented and presented to the Board for a final determination on the
individual’s qualifications for the promotion.
If supplemental promotion consideration results in the selection
for promotion to the higher grade, immediately after such promotion, the
records shall be corrected to show he was promoted to the higher grade on
the date of rank established by the supplemental promotion and that he is
entitled to all pay, allowances, and benefits of such grade as of that
date.
JOHN J. D’ORAZIO
Chief Examiner
Air Force Board for Correction
of Military Records
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