RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02493
            INDEX CODE:  131.04, 131.05
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His rank of airman first class  (E-3)  be  restored  with  at  least  twenty
months of time-in-grade (TIG) and he  be  given  a  career  job  reservation
(CJR) so he may reenlist.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The Air Force  has  allowed  him  to  complete  the  Return-to-Duty  Program
(RTDP).  He is currently serving as a Health Services Management  Apprentice
(4A031).  He works in the patient administration and  TRICARE  and  performs
at a noncommissioned officer level.  Based on his current  rank,  he  cannot
officially perform as a supervisor and leader although he possesses  all  of
the ability and training.  Without approval of  his  requests,  he  will  be
unable to reenlist, negating the value and intent of the RTDP.

In support of his request, applicant provides copies of character  reference
letters and letters of support, copies of his Letters  of  Appreciation  and
Certificates of Training, two copies of AF Form 77, Supplemental  Evaluation
Sheet, for the periods ending 1 December 2001 and  11  January  2002  and  a
unofficial copy of an Enlisted Performance  Report.   His  submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted his initial enlistment  on  31  March  2000  for  a
period of four years and was progressively promoted to the grade of A1C.

On 28 August 2002, the applicant was found guilty by  general  court-martial
for the wrongful use of cocaine and sentenced to confinement for  7  months,
reduction to the grade of airman basic,  and  forfeiture  of  $700  pay  per
month for 7 months.  Applicant was confined from 28 August  2002  through  7
May 2003.

The Military Personnel Database (MilPDS) reflects the  applicant’s  rank  as
A1C (E-3) with a date of rank (DOR) and an effective date  of  19  September
2004 (correction of DOR date recommended by AFPC/DPPPWB  to  8  March  2004,
see Exhibit C).  He has a date of separation of 8 December 2004.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB recommends denial.  DPPPWB states that based on the  applicant’s
DOR to AB (11 Sep 02), he would have been eligible for promotion  to  airman
on 11 Mar 03 and to A1C on 11 January 2004, if there were  no  ineligibility
factors and he was recommended by his commander.  In accordance with AFI 36-
2502, Airman Promotion Program, table 1.1, rule  4,  DPPPWB  states  he  was
ineligible for promotion for a particular cycle when he was convicted  by  a
court-martial, or was undergoing punishment/suspended punishment imposed  by
court-martial.  Since the applicant was in confinement until 7 May 2003,  he
was not eligible for promotion to airman until 8 May 2003  (6  months’  TIG)
and was eligible for promotion to A1C on 8  March  2004  (10  months’  TIG).
DPPPWB further 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.  The DPPPWB evaluation is at Exhibit C.

AFPC/DPPAE recommends denial.  DPPAE states that in order to  be  considered
for a CJR and for reenlistment, the applicant  must  have  held  A1C  for  a
minimum of 12 months from his new date of rank.  DPPAE further  states  that
the applicant will not have held A1C for at least 12 months as of  his  date
of separation of 8 December 2004.  The AFC/DPPAE evaluation  is  at  Exhibit
D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant apologizes for his wrongful use of cocaine and  hopes  he  can  be
given the  opportunity  to  continue  to  rebuild  his  career.   Since  his
release, he has done everything to prove his  dependability  by  giving  his
all.  He has learned his lesson for the rest of his life.  He  requests  the
Board consider the character statements, his letter of  evaluation  and  his
EPR comments.  He believes these documents depict  an  accurate  picture  of
who he is.  If he is allowed to reenlist he will continue his hard work  and
dedication to the Air Force.  Applicant’s letter 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  warrant  partial
relief in an exercise of clemency.  The applicant requested  that  his  rank
of airman first class (A1C) be restored with at least twenty months of time-
in-grade (TIG) and he be given a career job  reservation  (CJR)  so  he  may
reenlist.  We note that in his current  grade  of  airman  first  class,  he
reaches his  Expiration  Term  of  Service  on  8  December  2004  and  must
separate.  However, if the applicant were restored  with  twenty  months  of
TIG, he would then become eligible for promotion  to  senior  airman  (E-4).
Therefore, granting his appeal would essentially remove  the  punishment  of
grade reduction imposed by court-martial for his misconduct.  We  are  aware
that  the  Return  to  Duty  Program  is  extremely  competitive  and   that
relatively few members such as the applicant are approved for entry  in  the
program.  While not ignoring the seriousness of the  offense  of  which  the
applicant was convicted, we believe that his actions were due,  in  a  large
part, to youthful immaturity.   The  Board  took  note  that  the  applicant
completed the rigorous RTDP in March  2003  thereby  completing  his  seven-
month confinement, and appears well on his way  towards  rehabilitation,  as
evidenced by strong supporting statements. The  applicant  also  takes  full
responsibility for his misconduct and wants very much  to  continue  in  the
service. Therefore, after weighing the  evidence  presented,  we  believe  a
more equitable remedy would be to provide the applicant the  opportunity  to
reenlist with appropriate waivers and to adjust his date of rank to  A1C  to
1 September 2003, which will allow the applicant sufficient time  to  attain
the grade of senior airman and a opportunity to continue his  career  and/or
attain continued grade progression while being an asset to  the  Air  Force.
Therefore, we recommend the applicant’s records be  corrected  as  indicated
below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to the APPLICANT, be corrected to show that:

           a.  His date of rank to the grade of Airman First Class (E-3) be
changed from 8 March 2004 to 1 September 2003.

           b.  On 30 November 2004, he requested  a  waiver  of  the  grade
requirement and Career Job Reservation  (CJR)  to  obtain  eligibility  for
reenlistment in the Regular Air Force and his  requests  were  approved  by
competent authority.

           c.  On 1 December 2004, he was honorably  discharged  and  on  2
December 2004, he reenlisted in the Regular Air Force for a period of  four
years.

_________________________________________________________________

The following members of the Board considered this application in Executive
Session on 30 November 2004 under the provisions of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Janet I. Hassan, Member
                 Mr. Patrick C. Daugherty, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence relating to  AFBCMR  Docket  Number  BC-2004-02493  was
considered:

   Exhibit A.  DD Form 149, dated 2 Aug 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPWB, dated 30 Aug 04.
   Exhibit D.  Letter, HQ AFPC/DPPAE, dated 4 Oct 04.
   Exhibit E.  Letter, SAF/MRBR, dated 15 Oct 04.
   Exhibit F.  Letter, Applicant, dated 1 Nov 04.





                                   THOMAS S. MARKIEWICZ
                                   Chair




AFBCMR BC-2004-02493




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 xxxxxxxxxxxxxx, be corrected to show that:

           a.  His date of rank to the grade of Airman First Class (E-3)
be changed from 8 March 2004 to 1 September 2003.

           b.  On 30 November 2004, he requested a waiver of the grade
requirement and Career Job Reservation (CJR) to obtain eligibility for
reenlistment in the Regular Air Force and his requests were approved
by competent authority.

           c.  On 1 December 2004, he was honorably discharged and on
2 December 2004, he reenlisted in the Regular Air Force for a period
of four years.






   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency