RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03499
            INDEX CODES:  123.08, 131.05

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) for promotion to  the  grade  of  airman  first
class (A1C) (E-3) be changed from 16 Sep 03 to 13 Jul 01.

The lost time as a result of his confinement be waived.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Because of his current DOR and date of separation (DOS), he  will  not
be able to hold the rank of A1C for 12 months.  Therefore, he will  be
ineligible to reenlist.  If his DOR was 13 Jul 01,  his  time  in  the
grade of A1C would allow him to reenlist and proceed with  his  career
progression.

It has been one year and four months since he completed the Return  to
Duty Program (RTDP) and he feels he has had  a  successful  transition
back into the Air Force.  Since his return to duty, he has  used  what
he learned about himself and others  to  help  inform  airmen  of  the
career and possible life-altering decisions  one  can  make,  creating
more of a situational awareness and a sense of pride in  this  calling
he holds so dear.  He has provided statements which will attest to his
ability to impact and lead others, along with his  intense  desire  to
continue his obligation as a servicemember.

In  support  of  his  appeal,  the  applicant  has  provided  numerous
supportive statements,  including  a  statement  from  his  commander,
several of which were unsigned.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 16 Nov 01, the applicant was  convicted  by  Summary  Court-Martial
for, between 24 Mar 01 and 25 Mar 01, wrongfully using and  possessing
a Schedule  I  controlled  substance  (mushrooms  containing  psilocyn
and/or psilocybin).  He was sentenced to a reduction from the grade of
airman first class to airman basic and confinement for 20 days.

An AF Form 2098, Duty Status Change, indicates that from 16 Jan 02  to
25 Jul 02, the applicant was enrolled in the RTDP, which required  him
to  enter  the  Air  Force  Corrections  System  for  the  purpose  of
rehabilitation.

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
airman first class, having been promoted to that grade on 16  Sep  03.
His Total Active Federal Military Service Date (TAFMSD) is 12 Sep 00.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB indicated that they found no errors  requiring  corrective
action concerning the applicant’s current grade and DOR.

A complete copy of the AFPC/DPPPWB evaluation is at Exhibit C.

AFPC/JA recommended denial  indicating  that  the  applicant  has  not
denied commission of  the  offenses  nor  has  he  offered  any  other
evidence that would prove that he did  not  commit  the  offenses  for
which he was convicted by a court-martial.  On the contrary,  one   of
the requirements of the RTDP is that the airman accepts responsibility
for his crimes.  The applicant also has not alleged any error  in  his
court-martial.   He  still  has  a  valid  conviction  and   sentence.
Likewise, he has cited no error or injustice in the computation of his
DOR or DOS or his reenlistment eligibility.  The fact that he complete
the RTDP does not guarantee the applicant a lengthy Air Force  career.
In AFPC/JA’s view, the applicant has not met the burden of proving  an
error or injustice in his case, and his DOR should not be changed.

A complete copy of the AFPC/JA evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

By application, dated 4 Feb 04, the  applicant  furnished  a  response
indicating that as a result of the RTDP, he has gained an unbelievable
amount of self-awareness, confidence, and focus into his  future.   He
believes his actions and the effects of the RTDP will not only  impact
his future as an adult, but will also help him in becoming one of  the
better leaders in the Air Force if given a chance.  He reiterated that
he has made a successful transition back into the Air Force and has  a
renewed commitment to serve.  If allowed, he plans on making  the  Air
Force a career.  However, no matter what decision the Board makes,  he
will respect it.  He does not believe he deserves a second chance, but
rather, he owes the Air Force and is indebted to the organization  for
all it has given him.   It  would  be  an  honor  to  be  granted  the
opportunity to serve again.

Applicant’s complete response, with attachments, is at Exhibit F.

_________________________________________________________________


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  warranting  corrective  action.   The
evidence of record indicates that the applicant was convicted by court-
martial of wrongfully using and possessing  a  Schedule  I  controlled
substance (mushrooms containing psilocyn and/or  psilocybin)  and  was
reduced in grade from airman first class  to  airman  basic.   He  was
subsequently enrolled in and successfully completed the RTDP.  He  now
requests that his DOR for promotion to the grade of airman first class
be changed to his original DOR of 13 Jul 01.  He contends that because
of his DOS of 11 Sep 04, his current DOR of 16 Sep 03 will  result  in
his falling short of the 12-month time in grade (TIG)  requirement  to
be eligible to reenlist.  Since the applicant was found guilty of  the
use and possession of a controlled substance, and has not  denied  the
commission  of  the  offenses,  we  are  not  inclined  to   recommend
corrective  action  that  would  result  in  his  original  DOR  being
restored.  However, in view of his successful completion of the  RTDP,
his outstanding duty performance, and the support of his commander, we
are sufficiently persuaded  that  the  applicant  should  be  afforded
relief  that  would  result  in  his  eligibility  for   reenlistment.
Therefore, we believe a DOR in the grade of airman first class a  year
after his conviction is proper and fitting  relief.   Accordingly,  we
recommend that the applicant’s DOR in the grade of airman first  class
be changed to 16 Nov 02.

4.  We note the applicant’s request that the  lost  time  due  to  his
confinement be waived.  However, since it appears  his  commander  may
waive this requirement, and because of the commander’s strong  support
for the applicant, we believe he will waive the lost time in order for
the applicant to reenlist.  Therefore, this portion of the applicant’s
appeal is not favorably considered.

_________________________________________________________________

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 airman first class (E-3) effective and  with  a  date  of
rank of 16 Nov 02.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-03499 in Executive Session on 11 Feb 04, under the provisions  of
AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Ann-Cecile McDermott, Member
      Ms. Leslie E. Abbott, Member

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

     Exhibit A.  DD Form 149, dated 12 Oct 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPWB, dated 18 Nov 03.
     Exhibit D.  Letter, AFPC/JA, dated 8 Jan 04, w/atch.
     Exhibit E.  Letter, SAF/MRBR, dated 8 Jan 04.
     Exhibit F.  DD Form 149, dated 4 Feb 04, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair










AFBCMR BC-2003-03499




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 , be corrected to show that he was promoted to the
grade of airman first class (E-3) effective and with a date of rank of
16 Nov 02.







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency