RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01407
            INDEX CODE:  133.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  28 AUGUST 2006
_________________________________________________________________

APPLICANT REQUESTS:

A 23-month extension to his  current  enlistment  and  a  Career  Job
Reservation (CJR) so that he may reenlist in the Air Force.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was previously  convicted  by  court-martial  and  served  time  in
confinement.  He successfully completed the  Return  to  Duty  program
(RTDP).  The Air Force Clemency and Parole Board approved a  two-month
clemency and, in March 2005, reinstated his previous rank of airman (E-
2).  He has proven that he can remain a valuable  member  of  the  Air
Force and, if given the opportunity, will show that he can continue to
excel and progress in his new career field.

In support of his request, the applicant submits a statement from  his
commander, with attachments, AF Form 1411, Extension  or  Cancellation
of Extensions  of  Enlistment  in  the  Regular  Air  Force/Air  Force
Reserve, 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  on  13
September 2000 for a period  of  four  years.   He  was  progressively
promoted to the grade of airman first class (E-3).  The applicant  was
reduced to the grade of airman basic  (E-1),  pursuant  to  a  General
Court-Martial.  The applicant is currently serving on active  duty  in
the grade of airman (E-2), with an effective date and date of rank  of
23 March 2005.

Information extracted from applicant’s submission reveals that his  28
March 2005 request for an extension  of  his  current  enlistment  was
disapproved on 1 April 2005 by HQ AFPC/DPPAER.

The applicant, while serving in the grade  of  E-3,  was  tried  by  a
general court-martial at Francis E. Warren AFB, WY.  On 24  May  2003,
he was convicted of dereliction of duty (underage  drinking),  driving
while intoxicated causing injury to  himself  and  another  Air  Force
member and negligent  homicide  in  that  he,  while  intoxicated  and
exhausted, lost control of his vehicle causing a crash that  killed  a
fellow airman.   The  applicant  was  sentenced  to  serve  two  years
confinement, forfeiture of all pay and allowances and reduction to the
grade of E-1.  He was subsequently approved to  enter  the  Return  to
Duty Program (RTDP).
On 24 August 2004, the Air Force Clemency and  Parole  Board  approved
applicant for return to duty effective as soon as  possible.   General
Court-Martial Order No. 9, dated 12 October 2004, reveals the  portion
of  the  sentence  regarding  confinement  remaining  to   be   served
subsequent to 23 August 2004 was suspended by action of the Air  Force
Clemency and Parole Board (AFCPB) until 22 August 2005 at which  time,
unless the suspension is sooner vacated, the  suspended  part  of  the
sentence would be remitted.  On 16 March 2005, the AFCPB  ordered  the
unexecuted portion of the applicant’s sentence to  confinement  to  be
remitted.

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

            Period Ending    Evaluation

             12 May 02 5 - Immediate Promotion
             12 May 03 4 - Ready for Promotion
             28 Mar 05 5

Information extracted from the Military Personnel Data System (MilPDS)
reveals the applicant has an established date of separation  (DOS)  of
15 December 2005.

_________________________________________________________________

AIR FORCE EVALUATIONS:

HQ AFPC/DPPAE recommends the application be denied.  DPPAE states that
without the extension, the applicant will not have enough time to have
his reenlistment eligibility (RE) code of 4F (five or more  days  lost
time during current enlistment), with underlying RE code of 4E  (grade
is airman first class  or  below  and  airman  completed  31  or  more
months), waived so he can reenlist.  In addition, the  applicant  will
need a CJR due to the fact that without a CJR he will not  be  allowed
to  reenlist.   In  order  to  be  considered  for  a  CJR   and   for
reenlistment, the applicant must have an RE  code  of  1R  (first-term
airman, selected for reenlistment  under  the  Selective  Reenlistment
Program (SRP), have previously held senior airman (E-4) (which he  has
not), but more importantly, must hold E-3 for a minimum of  12  months
from his new date of  rank.   While  the  applicant  has  successfully
completed  the  RTDP,  he  will  not  meet  the  basic  criteria   for
reenlistment eligibility  as  of  his  date  of  separation.   The  HQ
AFPC/DPPAE evaluation is at Exhibit C.


HQ AFPC/JA recommends the application be denied.   JA  indicates  that
there is no inconsistency inherent between the  RTDP  and  the  normal
application for promotion and reenlistment restriction on those  whose
misconduct is the sole basis for the restriction involved.  JA  states
that the applicant benefited from RTDP in that he was able  to  return
to duty about 15 months after his court-martial sentence was adjudged.
 The Air Force Clemency and Parole Board  (AFCPB)  also  remitted  his
sentence to confinement enabling the applicant to be promoted  to  E-2
two months early.  While  his  commander  supports  this  request  and
asserts that he has been an asset to her squadron,  nothing  submitted
by the applicant supports his inability to reenlist under  normal  Air
Force procedures represents an injustice.  While the RTDP  instruction
contemplates rare cases where the AFBCMR may choose to  extend  relief
to an airman who has successfully completed the program, but is barred
from reenlistment by normal time and  grade  standards,  JA  does  not
believe this case warrants that  action.   In  light  of  the  serious
charges, including being responsible for the death of a fellow  airman
and the lack of justification within the application that denial would
result in an injustice, it is JA’s opinion that the  applicant’s  case
is not appropriate for further relief  other  than  that  afforded  by
completion of his current term of enlistment and the  opportunity  for
an honorable discharge.  The HQ AFPC/JA evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATIONS:

The  applicant  reviewed  the  advisory  opinions  and  provided   the
following documents in support of his appeal:  A Letter of  Evaluation
(LOE), closing 30 May 2003,  an  Enlisted  Performance  Report  (EPR),
closing  28  March  2005,  and  a  follow-up  evaluation  (Performance
Evaluation) from his commander.

The applicant’s complete submission, 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.  We are aware that the Return to Duty
Program (RTDP)  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  offenses  of  which  the
applicant was convicted, it appears the applicant’s superiors  discern
in him great potential to successfully complete his  military  career.
This is evident in view of the strong support by his current commander
who indicates he has been rehabilitated and is considered  a  valuable
asset to the organization and to the Air Force.  Given the Air Force’s
investment in this  individual,  his  desire  to  excel  in  his  duty
performance and the support of  his  superiors,  we  believe  that  to
require this applicant to separate after being returned  to  duty  for
such a short period of time would  be  an  extreme  injustice  to  the
applicant and a loss to the Air Force.  Therefore, it is  our  opinion
that he should be placed  in  a  position  that  would  allow  him  to
continue his career while being an asset to the Air Force.  It appears
the way to do that would be to extend his  current  enlistment,  which
will allow the applicant sufficient time to attain the grade of airman
first class, approve a Career Job  Reservation  (CJR)  and  waive  the
obstacles with the reenlistment eligibility (RE) codes.  In this  way,
should he maintain his present level of  dedication  and  performance,
the applicant has a  realistic  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 APPLICANT be corrected to show that:

      a.  Competent authority approved a  23-month  extension  to  his
current enlistment of 13  September  2000,  resulting  in  a  date  of
separation (DOS) of 14 November 2007.

      b.  Competent authority approved a  waiver  of  the  Career  Job
Reservation (CJR) and reenlistment eligibility (RE)  codes  to  obtain
eligibility for reenlistment in the Regular Air Force, as an exception
to policy.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 4 August 2005, under the provisions  of  AFI  36-
2603:

                  Mr. Thomas S. Markiewicz, Chair
                  Mr. James W. Russell III, Member
              Mr. Terry L. Scott, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary  evidence  was  considered  in  connection  with
AFBCMR Docket Number BC-200501407.

   Exhibit A.  DD Form 149, dated 15 Apr 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAE, dated 29 Apr 05.
   Exhibit D.  Letter, HQ AFPC/JA, dated 31 May 05.
   Exhibit E.  Letter, SAF/MRBR, dated 3 Jun 05.
   Exhibit F.  Letter from Applicant, dated 29 Jun 05, w/atchs.



                                   THOMAS S. MARKIEWICZ
                                   Chair



AFBCMR BC-2005-01407




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:

            a.  Competent authority approved a 23-month extension to
his current enlistment of 13 September 2000, resulting in a date of
separation (DOS) of 14 November 2007.

            b.  Competent authority approved a waiver of the Career
Job Reservation (CJR) and reenlistment eligibility (RE) codes to
obtain eligibility for reenlistment in the Regular Air Force, as an
exception to policy.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency