RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01310
INDEX NUMBER: 123.00
XXXXXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
The 18 days of lost duty time he received as a result of civilian
confinement be restored.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Prior to his confinement he had an impeccable record.
When his case was presented to a Grand Jury, he was “No Billed” and
released from subsequent charges.
In support of his appeal, applicant submits a copy of the paperwork
showing that he was not charged and a letter of support from his
commander requesting favorable consideration of his request.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
According to documents provided by the applicant, he was confined by
civilian authorities from 1 thru 18 Nov 02 for an alleged offense,
resulting in his being charged 18 days of lost time. On 18 Nov 02, he
was released from confinement without charges being filed.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPW advises that current law precludes them from removing the
“lost time” from the applicant’s record. They provide an overview of
the United States Code and DoD directives that specify when a member
is charged lost time. The last amendment to the law in 1996 changed
the language regarding “lost time” to include “in connection with a
trial.” The language of the statute could clearly cause an inequity
or injustice to those members who have been acquitted or received
similar disposition of their case.
The complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
30 May 03 for review and response within 30 days. To date, a response
has not been received.
_________________________________________________________________
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 demonstrate the
existence of error or injustice. The assessment of lost time can have
a deleterious effect on an individual’s career. Unfortunately, the
wording of the applicable law requires it to be assessed in situations
where it appears unwarranted. Such is the applicant’s case. Although
confined by civilian authorities for 18 days, he was subsequently
cleared and not charged with an offense. The majority of the Board
believes this constitutes an injustice. We note that there are
ongoing efforts to change the language of the applicable law to
preclude these types of cases. The Board has been previously advised
that it has the authority to remove lost time and has done so. In
view of the circumstances of this case, a majority of the Board
recommends that the applicant’s lost time be removed.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that the period 1
November 2002 to 18 November 2002 was not lost time; that all
references thereto be deleted from his records; and, that he is
entitled to full pay and allowances during this period.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 2 July 2003, under the provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. John B. Hennessey, Member
Ms. Barbara J. White-Olson, Member
By majority vote, the Board voted to correct the records, as
recommended. Ms. White-Olson voted to deny the request and did not
desire to submit a minority report. The following documentary
evidence was considered:
Exhibit A. DD Form 149, dated 2 Apr 03.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPW, dated 22 May 03, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 30 May 03.
MICHAEL K. GALLOGLY
Panel Chair
AFBCMR BC-2003-01310
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:
XXX-XX-XXXX, be corrected to show that the period 1 November 2002
to 18 November 2002 was not lost time; that all references thereto
be deleted from his records; and, that he is entitled to full pay
and allowances during this period.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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