ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


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

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be reinstated to the grade of staff sergeant.

2.  In the alternative, if the Board elects to  not  reinstate  him  to  the
grade of staff sergeant, he be promoted to the grade  of  senior  airman  so
that he may separate and join the Air Force Reserves.

3.  In an addendum to his request, the applicant states  that  he  would  be
willing to remain in the Air Force and serve  the  rest  of  his  career  on
active duty if promoted to the grade of senior airman.

_________________________________________________________________

STATEMENT OF FACTS:

The  applicant  was  found  guilty   by   general   court-martial   of   two
specifications of stealing property from the  government  and  sentenced  to
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 25 Aug 00, he entered  the  Return-to-Duty  Program  (RTDP)  and
graduated on 13 Mar 01.  On 23 Apr 01, the Air  Force  Clemency  and  Parole
Board approved his return to duty  and  on  23  Apr  02  that  part  of  his
sentence directing bad conduct discharge was remitted.

On 27 Aug 02, the applicant's request that he be reinstated to the grade  of
staff sergeant was considered and denied by the Board.  However,  the  Board
agreed with the  suggested  alternative  presented  by  the  Air  Force  and
granted a high-year-of-tenure (HYT) waiver changing his  HYT  from  November
2002 to December 2005, thus allowing him the opportunity to  earn  back  the
grades he lost.

The Record of Proceedings, with attachments, is at Exhibit F.

On 13 Sep 02, the applicant provided additional  information  and  requested
reconsideration of his application.  The applicant stated that  he  did  not
receive the Air Force evaluation and did not have the opportunity to  submit
a response.  He contends that the relief that has been granted in  his  case
would cause a personal hardship.  He is currently an E-2  with  a  wife  and
four children.  His military work schedule does not permit  him  to  work  a
consistent number of hours on his two additional jobs.  An extension of  his
HYT date at his current grade would not give him  the  opportunity  to  test
for staff sergeant until the year 2005.  The applicant  requested  that  the
HYT extension decision be reversed so that he could separate  from  the  Air
Force and seek employment elsewhere.   In  the  alternative,  the  applicant
request that he be promoted to the grade of senior airman.  Doing  so  would
allow him to separate from the Air Force and continue  his  military  career
by serving in the Air National Guard or in the Air Force Reserves.

In an email communication to the Board, the applicant  stated  that  if  the
Board were to decide to promote him to senior airman, he  would  be  willing
to remain on active duty.  The applicant  requests  that  if  promoted,  his
date of rank and effective date be established as 1 Sep 02.

His complete submission, with attachment, is at Exhibit G.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

Sufficient  relevant  evidence  has  been  presented  to   demonstrate   the
existence of an injustice warranting his promotion to the  grade  of  senior
airman.  While the Board  remains  unpersuaded  that  reinstatement  to  the
grade of staff sergeant is warranted because of the serious  nature  of  the
offenses he committed, the Board majority believes  that  it  would  not  be
unreasonable to grant partial relief of the applicant's  request.   In  this
respect, the Board majority believes that his reduction in grade has  caused
an undue financial hardship on the applicant and his  family,  and  that  it
would be an injustice for him and his  family  to  continue  to  suffer  the
adverse effects of that  burden.   The  Board  majority  believes  that  the
applicant has demonstrated the ability to perform at a level far above  that
of his peers and notes that he  has  obtained  the  unequivocal  support  of
senior Air Force officers in his chain of command.  Therefore, the  majority
of the Board recommends his record be  corrected  to  the  extent  indicated
below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that he  was  promoted  to  the  grade  of
senior airman (E-4) effective and with a date of rank of 1 September 2002.

_________________________________________________________________

The following members of the Board  considered  Docket  Number  02-00040  in
Executive Session on 4 Oct 02, under the provisions of AFI 36-2603:

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

By a majority vote the members voted to grant his request for  promotion  to
the grade of senior airman.  Mr. Baxter voted to deny  his  request  in  its
entirety and did not desire to submit  a  minority  report.   The  following
documentary evidence was considered:

    Exhibit F.  Record of Proceedings, dated 27 Aug 02, w/atchs.
    Exhibit G.  Letter, Applicant, dated 13 Sep 02, w/atch.




                             THOMAS S. MARKIEWICZ
                                             Vice 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 he was promoted to the
grade of senior airman (E-4) effective and with a date of rank of 1
September 2002.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency