RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00040
            INDEX CODE:  105.01, 110.03
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

a.  His reduction to the grade of E-1 be remitted and he  be  reinstated  to
the grade of staff sergeant.

b.  His bad conduct discharge, suspended until 23 Apr 02, be remitted.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While his sentence was appropriately adjudged, he does not feel  his  court-
martial sentence is valid today.  He sought help from the Air Force  Return-
to-Duty Program (RTDP) on 25 Aug 00.  His life has changed so much since  he
entered the program.  He has changed from a liar and a thief  to  an  honest
and lawful member of society who has been returned to duty.  He  is  working
hard, attending church, going to school, volunteering on and off  base,  and
surrounding himself with a support system of friends and family.   With  the
added value of spirituality, his decision process has  corrected,  resulting
in sociably acceptable actions.  He  is  doing  his  best  to  hold  himself
accountable for the things that he does.

His  adjusted  high  year-of-tenure  (HYT)  date  is  13  Nov  02.   With  a
reinstatement to staff sergeant he would have the  opportunity  to  continue
to serve  in  the  military  for  another  10  years.   He  would  like  the
opportunity  to  leave  the  service  honorably,   like   his   father   and
grandfather.  He has learned  a  frankness  of  honesty  that  has  been  so
rewarding.  He has been given the responsibilities of a staff  sergeant  and
appreciates the confidence and trust of those around him.  He  is  doing  so
much more than an E-1 and desires the rank that reflects it.

In  support  of  his  request,  applicant  provided  a  personal  statement,
character  references,  documents   associated   with   his   court-martial,
documents associated with  his  participation  in  the  RTDP,  his  Enlisted
Performance Report closing on 22 Mar 02,  and  a  personnel  data  printout.
His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________
STATEMENT OF FACTS:

The applicant contracted his initial enlistment in the Regular Air Force  on
25 Nov 91 and was progressively promoted to the grade of staff sergeant.

On 2 - 3 Mar 00 and 2 - 4 May 00,  applicant  was  tried  by  general  court
martial for four specifications of stealing property  from  the  government.
He was found guilty of two of the specifications and sentence adjudged on  4
May 00 was confinement for 12 months, a bad conduct discharge, reduction  to
the grade of airman basic, forfeiture of all pay and allowances, and a  fine
of $7,200.  On 6 Dec 00, the Air Force Court of  Criminal  Appeals  approved
the findings and sentence.  On 25 Aug 00, he entered the RTDP and  graduated
on 13 Mar 01.  On 23 Apr  01,  the  Air  Force  Clemency  and  Parole  Board
approved his return to  active  duty  and  his  bad  conduct  discharge  was
suspended until 23 Apr 02.   On  23  Apr  02,  that  part  of  his  sentence
directing bad conduct discharge was remitted.

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AIR FORCE EVALUATION:

AFLSA/JAJM reviewed applicant's request and recommends denial.  JAJM  states
that larceny of government property is  a  serious  offense  and  a  general
court-martial was an appropriate forum.  His  overall  military  record  was
taken into account and the  punishment  was  appropriate  for  the  offenses
committed.  As a result of completing the RTDP, the  bad  conduct  discharge
was suspended and  has  since  been  remitted.   Additional  action  is  not
appropriate.

The issue is whether, having completed the RTDP, he should  be  restored  to
his former grade.  It is worth noting, that first, the enlisted and  officer
jury members viewed his  actions  as  a  serious  abuse  of  trust  that  in
addition to a punitive discharge, he was  reduced  in  rank  to  the  lowest
enlisted grade.  Which assumably reflects  their  belief  that  it  was  not
appropriate for him to be an  NCO.   Second,  the  convening  and  reviewing
authorities had the power to mitigate the reduction  but  did  not.   Third,
while he has successfully completed the RTDP  and  has  performed  well,  it
does not follow that he should have his grade restored solely to  avoid  HYT
restrictions.  Restoration to the privileges, status,  and  responsibilities
of the grade of staff sergeant is a  significant  step  considering  he  was
reduced four pay grades less than two years ago for a significant breach  of
trust and completed a rehabilitation program less than a year ago.   He  has
provided no evidence of a clear error or injustice related to the  sentence.
 Any action to restore his former grade would be on the basis  of  clemency.
The JAJM evaluation is at Exhibit C.

AFPC/DPPRS reviewed applicant's request and concurs  the  recommendation  of
JAJM.  DPPRS states that he will reach his HYT on 8 Nov 02,  at  which  time
he must be discharged.  If the Board feels it is in  the  best  interest  of
the Air Force to retain the member, it should restore  his  grade  to  staff
sergeant or grant a HYT waiver to extend  him  until  December  2005.   This
extension will allow him to be promoted to airman first  class  then  senior
airman and make  him  eligible  to  test  for  staff  sergeant.   The  DPPRS
evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  14
Jun 02 for review and comment within 30 days.  As of this date, this  office
has received no response.

_________________________________________________________________

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 of the applicant's request.  In this regard, we carefully  considered
his request that he be restored to the grade  of  staff  sergeant;  however,
due to the serious nature of offenses committed, we  are  not  persuaded  by
the evidence presented that restoration of his grade, which in essence  will
negate the punishment he received, is  warranted.   We  note  that  the  Air
Force has suggested as an alternative, he be granted a HYT waiver  to  allow
him the opportunity to earn back the grades he lost, we agree.   It  appears
that the applicant has made considerable effort to become a  valuable  asset
to the Air Force.  Given that and the  support  he  has  received  from  his
command, we believe that to require the applicant to  separate  in  November
would not serve the  best  interest  of  the  Air  Force.   Accordingly,  we
believe that the most appropriate relief in this case  would  be  to  adjust
his HYT to December 2005 and provide  him  an  opportunity  to  be  promoted
through the ranks and gain eligibility to compete  for  promotion  to  staff
sergeant.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT  be  corrected  to  show  that  on  23  April  2002,  competent
authority approved his request for a waiver of his High Year  of  Tenure  as
an exception to policy, thereby establishing his date  of  separation  as  8
December 2005.

_________________________________________________________________

The following members of the Board  considered  Docket  Number  02-00040  in
Executive Session on 15 Aug 02, under the provisions of AFI 36-2603:

      Mr. Thomas, S. Markiewicz, Panel Chair
      Mr. Philip Sheuerman, Member
      Mr. Billy C. Baxter, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 15 Apr 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFLSA/JAJM, dated 28 May 02.
     Exhibit D.  Letter, AFPC/DPPRS, dated 5 Jun 02
     Exhibit E.  Letter, SAF/MRBR, dated 14 Jun 02.




                             THOMAS S. MARKIEWICZ
                                             Panel Chair

AFBCMR 02-00040




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 that on 23 April 2002,
competent authority approved his request for a waiver of his High Year of
Tenure as an exception to policy, thereby establishing his date of
separation as 8 December 2005.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency