RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01642
            INDEX CODE:  133.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO



_________________________________________________________________

APPLICANT REQUESTS:

Promotion to the grade of senior airman (E-4).
_________________________________________________________________

APPLICANT CONTENDS THAT:

After his court-martial, he entered into the Return  to  Duty  Program
(RTDP).  There is no error or injustice in his case.   However,  since
he has successfully completed RTDP, he would like to be promoted to E-
4.

In support of his request, the applicant submits a personal statement,
a statement from his commander and  letters  of  recommendation.   The
applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air  Force  in  the
grade of airman basic (E-1) on 10 February 2000 for a  period  of  six
years.  He was progressively promoted to the  grade  of  airman  first
class (E-3), with a date of  rank  (DOR)  of  24  March  2000  and  an
effective date of 11 July 2000.  He was reduced to the grade of airman
basic (E-1), pursuant to a court-martial conviction.

Information extracted from the Military Personnel Data System (MilPDS)
reveals he is currently serving on active duty in the grade of  airman
(E-2), with an effective date and date of rank of 30 March 2004.   His
high year tenure (HYT) date is 25 September 2012.  The  applicant  has
an established date of separation (DOS) of 25 September 2006.

In April 2002, the applicant was  tried  by  a  general  court-martial
while serving in the grade of  airman  first  class  (E-3).   He  pled
guilty to four specifications of larceny.  He was found guilty and, on
11 April 2002, he was sentenced to a bad conduct discharge,  reduction
to the grade of E-1, confinement for 12 months and total forfeiture of
all pay and allowances.  Only so much of the  sentence  providing  for
reduction to the grade of E-1, forfeiture of all pay  and  allowances,
confinement for nine months and a bad conduct discharge was  approved,
and except for the bad conduct discharge, was executed.  The applicant
applied for and was accepted into the RTDP.

On 16 October 2003, the Air Force Clemency and Parole  Board  approved
applicant  for  return  to  duty  effective  as  soon   as   possible.
Additionally, the execution of the bad  conduct  discharge  (BCD)  was
suspended until 14 October 2004, at which time, unless the  suspension
was sooner vacated, the  suspended  part  of  the  sentence  would  be
remitted.

The applicant was rendered  one  Enlisted  Performance  Report  (EPR),
closing 10 October 2001, with a promotion rrecommendation of “5.”
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPWB recommends the application be denied.  DPPPWB indicates
that the erroneous information in the Military Personnel  Data  System
(MilPDS) reflecting the applicant’s current  grade  as  airman  (E-2),
with an effective date of 14 April  2004,  has  been  administratively
corrected to reflect the grade of E-1.  DPPPWB states  that  the  RTDP
provides airmen an opportunity to be returned to active duty and  have
a punitive discharge remitted; it does not provide for restoration  of
rank.  Based on the remittance of the BCD  on  14  October  2004,  the
applicant will be promoted to the  grade  of  airman  (E-2),  with  an
effective date of 15 October 2004.  He will be eligible for  promotion
to airman first class (E-3) on 15 August 2005 and senior airman  (E-4)
on 15 December 2007, provided no ineligibility conditions exist and he
is recommended by his commander, and E-4, provided he  is  recommended
for reenlistment.


Pursuant to the Board’s request, DPPPWB amended their advisory opinion
as follows.

DPPPWB states that, based on the Air Force Clemency and Review Board’s
letter of  29  March  2004,  remitting  the  applicant’s  bad  conduct
discharge, MilPDS has been administratively corrected to  reflect  the
applicant’s grade as airman (E-2), with an effective date and date  of
rank of 30 March 2004.  Based on this  date,  the  applicant  will  be
eligible for promotion to E-3  on  30  January  2005  and  E-4  on  30
September 2006, provided no ineligibility conditions exist and  he  is
recommended by his commander; and, for  E-4,  he  is  recommended  for
reenlistment.  DPPPWB recommends the application be denied.

The HQ AFPC/DPPPWB evaluations are at Exhibit C.


HQ AFPC/JA  states  that  the  RTDP  offers  selected  court-martialed
enlisted personnel with exceptional potential the  opportunity  to  be
returned  to  active  duty  and  have  their  punitive  discharge,  if
adjudged, remitted.  The program does not provide for promotion or the
restoration of rank.  The applicant has  failed  to  present  relevant
evidence of any error or injustice warranting relief.  The HQ  AFPC/JA
evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

The applicant reviewed the advisory  opinion  and  indicated  that  he
applied and was approved for clemency by the Air  Force  Clemency  and
Parole Board, with a BCD remittance date of 29 March 2004.  It appears
that the  letter  concerning  the  updated  remittance  date  was  not
considered.  If he is not recommended or  approved  for  promotion  to
senior airman, then he should be eligible  for  promotion  to  airman,
effective 30 March 2004.  His complete response, with  attachment,  is
at Exhibit F.

A copy of the amended Air Force evaluation was forwarded to  applicant
on 10 September 2004 for review and response.  As of this  date,  this
office has received no response (Exhibit G).
_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice.  After a thorough review  of  the
evidence of record and applicant’s submission, we are unpersuaded that
promotion to senior airman (E-4) is warranted.  We are aware that  the
Air Force Return to Duty Program (RTDP) is extremely  competitive  and
relatively few members such as the applicant are approved for entry in
the program.  The applicant successfully completed  this  program  and
was then selected by the Air Force Clemency and  Parole  Board  to  be
returned  to  duty  and  his  bad  conduct  discharge  was  ultimately
remitted,  effective  29 March  2004.   Although  the  applicant   has
apparently performed well since his return to duty, we do not feel  he
has established a significant record of service since  his  return  to
justify approval of the requested accelerated promotion at this  time.
Provided he continues to excel, and with the support of his commander,
he should be promoted when eligible.  If the  applicant  encounters  a
problem after meeting the promotion eligibility criteria for the grade
of senior airman (E-4), with his commander’s  recommendation,  he  may
resubmit his application to the Board for further review at that time.
 In view  of  the  above,   and   in   the   absence   of   persuasive
evidence  that  the applicant has been  the  victim  of  an  error  or
injustice, we find no compelling basis on which to  grant  the  relief
sought in this application.
_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 14 October 2004, under the provisions of AFI  36-
2603:

                  Mr. Thomas S. Markiewicz, Chair
                  Mr. Alan A. Blomgren, Member
                  Mr. John B. Hennessey, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number BC-2004-01642.

   Exhibit A.  DD Form 149, dated 10 May 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letters, HQ AFPC/DPPPWB, dated 16 Jun 04, w/atch,
               and 20 Aug 04.
   Exhibit D.  Letter, HQ AFPC/JA, dated 30 Jun 04.
   Exhibit E.  Letter, SAF/MRBR, dated 9 Jul 04.
   Exhibit F.  Letter from Applicant, dated 23 Jul 04, w/atch.
   Exhibit G.  Letter, SAF/MRBR, dated 10 Sep 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair