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AF | BCMR | CY2004 | BC-2003-03591
Original file (BC-2003-03591.DOC) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03591

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His grade of senior airman (E-4) be reinstated.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His  commander  intended  to  restore  his  rank  sometime  after  the
imposition of the Article 15 punishment as long  as  he  was  able  to
fully accept responsibility for his actions and serve as a role model.
 Due to an oversight, no supplemental action on the  Article  15  took
place.

In support of his request, applicant submits a copy of the Article  15
action and statements from his  former  commanders.   The  applicant’s
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

On 15 August 2000, applicant enlisted in the Regular Air Force in  the
grade of airman basic (E-1)  for  a  period  of  six  years.   He  was
progressively promoted to the grade of senior airman (E-4),  effective
29 January 2003.  He was reduced to the grade of airman first class (E-
3), with a new date of rank (DOR) of 6 February 2003, pursuant  to  an
Article 15.

On 21 January 2003, applicant was notified of his  commander's  intent
to impose nonjudicial punishment on him under Article 15,  UCMJ.   The
misconduct applicant had allegedly committed was for possession of  an
alcoholic beverage while under the legal drinking age  of  21,  on  or
about 16 October  2002,  in  violation  of  Article  134,  UCMJ.   The
applicant consulted a lawyer, waived his  right  to  demand  trial  by
court-martial and accepted nonjudicial punishment.  After  considering
all matters presented to her, the commander found that  the  applicant
did commit one or more of the offenses alleged.  The commander imposed
punishment consisting of forfeiture of $150.00 pay per month  for  two
months and a reduction to the grade of airman first class (E-3),  with
a new date of rank of 6 February 2003.  Applicant did not  appeal  the
punishment.  The Article  15  action  was  filed  in  the  applicant’s
Unfavorable Information File (UIF).

Applicant's Enlisted Performance Report (EPR) profile follows:

            Period Ending    Evaluation

               14 Apr 02     5 - Immediate Promotion
               14 Apr 03     4 - Ready for Promotion
_________________________________________________________________

AIR FORCE EVALUATIONS:

AFLSA/JAJM recommends the reduction in rank be set aside.  JAJM states
that because of administrative oversight, the  commander’s  intentions
to mitigate the reduction in rank were not followed.   Given  all  the
circumstances, it is in the best interest of the Air Force  to  return
the applicant to the rank of E-4 as his commander  intended.   If  the
reduction is set aside, the applicant’s rank reverts to  his  original
date of rank to E-4 and the nonjudicial punishment remains a  part  of
his records.   The  AFLSA/JAJM  evaluation,  with  attachment,  is  at
Exhibit C.


HQ AFPC/DPPPWB defers to the  recommendation  of  AFLSA/JAJM.   DPPPWB
states that, should the Board grant the applicant’s request, his  date
of rank  to  E-4  would  be  29  January  2003.   The  HQ  AFPC/DPPPWB
evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to applicant on  30
January 2004 for review.  As  of  this  date,  no  response  has  been
received by this office (Exhibit E).
_________________________________________________________________

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 an injustice.  After reviewing the applicant’s submission
and the evidence of record, to include the commander’s statements,  we
are persuaded that the commander who imposed the Article 15 punishment
intended to restore the applicant to the grade of senior airman  (E-4)
sometime after the imposition of the punishment.  However, due  to  an
administrative oversight, no supplemental action  on  the  Article  15
took place.  We, therefore, are in  agreement  with  the  opinion  and
recommendation of the appropriate Air Force office,  AFLSA/JAJM,  that
the evidence supports setting aside the applicant’s reduction in rank.
 In view of the foregoing, we recommend  the  applicant’s  records  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  so  much  of  the
punishment as pertains to a reduction  from  senior  airman  (E-4)  to
airman first class (E-3), imposed on him under Article 15, UCMJ, on  6
February 2003, be set aside and all rights, privileges and property of
which he may have been deprived be restored.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 25 March 2004, under the provisions  of  AFI  36-
2603:

                  Mr. Robert S. Boyd, Panel Chair
                  Mr. Albert C. Ellett, Member
              Ms. Beth M. McCormick, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary  evidence  was  considered  in  connection  with
AFBCMR Docket Number BC-2003-03591.

   Exhibit A.  DD Form 149, dated 21 Oct 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFLSA/JAJM, dated 8 Dec 03.
   Exhibit D.  Letter, HQ AFPC/DPPPWB, dated 5 Jan 04.
   Exhibit E.  Letter, SAF/MRBR, dated 30 Jan 04.




                                   ROBERT S. BOYD
                                   Panel Chair



AFBCMR BC-2003-03591




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 so much of the
punishment as pertains to a reduction from senior airman (E-4) to
airman first class (E-3), imposed on him under Article 15, UCMJ, on 6
February 2003, be, and hereby is, set aside and all rights, privileges
and property of which he may have been deprived be restored.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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