RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBERS:  BC-2005-02568
                                       INDEX CODE:  126.04
                                             COUNSEL: NONE

                                             HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  19 February 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given relief from the reduction in rank to senior  airman  imposed  as
nonjudicial punishment.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reduction  in  grade  was  disproportionate  punishment  for  his  first
disciplinary action received during his honorable service to the Air  Force.


In  support  of  his  application,  he  provides  character  references  and
documents relating to the Article 15; a copy  of  his  Enlisted  Performance
Reports (EPRs) for the period beginning 18 March  1998  through  the  period
ending 30 March 2005  and  copies  of  his  awards  and  certificates.   The
applicant’s submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The Military Personnel Database  (MilPDS)  indicates  the  applicant  has  a
Total Active Federal Military  Service  Date  of  18  March  1998.   He  was
progressively promoted to the grade of staff sergeant (E-5), with a date  of
rank of 1 June 2002.  He was reduced to the grade of senior  (E-4),  with  a
date of rank of 19 November 2002, pursuant to an Article 15.  The  applicant
is currently serving in the grade of staff sergeant with a date of rank  and
effective date of 1 January 2005.  The following is a  resume  of  his  last
five Enlisted Performance Reports (EPRs).

      PERIOD ENDING                     PROMOTION RECOMMENDATION

       17 Nov 2001                                   5
       17 Nov 2002                                   2 (referral)
       01 Nov 2003                                   5
       30 Mar 2004                                   5
       30 Mar 2005                                   5

On 13 November 2002, the commander notified the applicant of his  intent  to
impose nonjudicial punishment under  Article  15  of  the  Uniform  Code  of
Military Justice (UCMJ) based on the violation  of  Article  121,  theft  of
government property.  After consulting with counsel, the applicant  accepted
the nonjudicial punishment.  Applicant requested a personal appearance  with
the imposing authority/commander.  He was given the opportunity  to  provide
both  a  written  and  personal  presentation  to  his   commander.    After
considering  the  applicant’s  personal  and   written   presentation,   the
commander determined that he  committed  the  alleged  offense  and  imposed
punishment consisting of  a  reduction  in  rank  to  senior  airman  (E-4),
forfeiture of $250 pay per month for two months, 30 days extra  duty  and  a
reprimand.  The applicant appealed the punishment; however, his  appeal  was
denied.

The remaining relevant facts pertaining to his  nonjudicial  punishment  are
contained in the letter prepared by the appropriate office of the Air  Force
at Exhibit B.

_________________________________________________________________

AIR FORCE EVALUATION:

AFLSA/JAJM recommends the application be denied.  JAJM states the  applicant
does not contest the finding of guilty in the  nonjudicial  punishment.   He
acknowledges that he made a  “mistake”  by  exchanging  his  own  and  other
individuals’ government-issued items  at  a  local  Army-Navy  store.   JAJM
states that the theft of $1,600 in military property by an NCO is  a  fairly
significant breach of Air Force Core  Values.   A  reduction  in  rank  from
staff sergeant to senior airman, a  reduction  that  removed  him  from  the
noncommissioned officer ranks was appropriate.   JAJM  further  states  that
there is no evidence in the record the commander abused  his  discretion  or
that there is a clear injustice or  unusual  circumstance  warranting  Board
action.  The AFLSA/JAJM evaluation is at Exhibit B.

AFPC/DPPPWB defers to the JAJM recommendation.  As a matter of  information,
DPPPWB states the applicant was selected for promotion to SSgt (E-5)  during
cycle 04E5 which incremented on 1 January  2005.   Based  on  this  date  of
rank,  the  applicant  will  be  eligible  for  promotion  consideration  to
technical sergeant (E-6) during cycle 07E6.  However, DPPPW states,  if  the
Board decides to grant the applicant’s request,  his  original  DOR  (1 June
2002) will  make  him  eligible  for  supplemental  promotion  consideration
beginning with cycle  04E6,  once  tested.   The  DPPPWB  evaluation  is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 October 2005, copies of the Air Force evaluations were  sent  to  the
applicant for review and comment.  As of this date, this  office  has  not
received a response.

_________________________________________________________________

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 warranting  corrective  action.   After  reviewing
the evidence presented, the Board  majority  is  of  the  opinion  that  the
Article 15 punishment  was  overly  harsh  based  on  the  totality  of  the
evidence in this case.  In  this  respect,  the  Board  majority  notes  the
evidence of record indicates the applicant did commit  the  alleged  offense
of theft of government property, which resulted in, among other things,  his
reduction in grade from staff sergeant to senior airman.  However,  we  note
prior to the nonjudicial punishment, the applicant had accrued a  record  of
exceptional service.  We also note several laudatory comments  made  by  his
superiors based on his dedication to duty  and  job  performance  since  his
nonjudicial  punishment.   In  view  of  his  continued   outstanding   duty
performance and his current commitment to the  high  standards  of  the  Air
Force, the Board majority is sufficiently persuaded the applicant should  be
afforded the relief requested.  Therefore,  the  Board  majority  recommends
the applicant’s record be corrected to the extent set forth below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to  show  that  on  6  February  2003,  competent
authority set  aside  so  much  of  the  nonjudicial  punishment  under  the
provision of Article 15, Uniform Code of  Military  Justice,  imposed  on  6
December 2002, pertaining to reduction  in  grade  from  staff  sergeant  to
senior airman, resulting in the restoration of the rank of  staff  sergeant,
with an effective date and date of rank of 1 June 2002.

             It  is   further   directed   he   be   provided   supplemental
consideration for promotion to the  grade  of  technical  sergeant  for  all
appropriate cycles beginning with cycle 04E6,  using  his  test  scores  for
cycle 06E6.

            If AFPC discovers any adverse factors during  or  subsequent  to
supplemental consideration that are separate and  apart,  and  unrelated  to
the issues involved in  this  application,  that  would  have  rendered  the
applicant ineligible for the promotion, such information will be  documented
and presented to the board for a final  determination  on  the  individual’s
qualification for the promotion.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2005-
02568 in Executive Session on 9 November 2005, under the provisions  of  AFI
36-2603:

                 Mr. Christopher D. Carey, Panel Chair
                 Mr. James A. Wolffe, Member
            Ms. Barbara R. Murray, Member

Mr. Wolffe and Ms. Murray voted to grant the application.   Mr. Carey  voted
to deny the application and elected not to submit a  minority  report.   The
following documentary evidence for AFBCMR Docket  Number  BC-2005-02568  was
considered:

      Exhibit A.  DD Form 149, dated 4 Aug 05, w/atchs.
      Exhibit B.  Letter, AFLSA/JAJM, dated 1 Sep 05.
      Exhibit C.  Letter, AFPC/DPPPWB, dated 26 Sep 05.
      Exhibit D.  Letter, SAF/MRBR, dated 7 Oct 05.





                                  CHRISTOPHER D. CAREY
                                                   Panel Chair


AFBCMR BC-2005-02568




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 xxxxxxxxxxxxx, be corrected to show that on 6 February 2003,
competent authority set aside so much of the nonjudicial punishment under
the provision of Article 15, Uniform Code of Military Justice, imposed on
6 December 2002, pertaining to reduction in grade from staff sergeant to
senior airman, resulting in the restoration of the rank of staff
sergeant, with a date of rank of 1 June 2002.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency