RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01471
            INDEX CODE:  126.00

      XXXXXXX    COUNSEL: NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 14 NOVEMBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

The remainder of  his  Active  Duty  Service  Commitment  (ADSC)  for  Joint
Specialized Undergraduate  Pilot  Training  (JSUPT)  be  waiver;  amend  his
promotion effective date to captain to from             1  January  2005  to
31 May 2004 and receive back pay based on this date;  and  the  Article  15,
Uniform Code of Military Justice (UCMJ) be expunged from all his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is currently serving an ADSC for JSUPT until November 16, 2011.  However,
on 9 May 2003, he was medically disqualified  from  flying  due  to  alcohol
abuse beyond his control.  Thankfully,  he  has  since  been  rehabilitated,
however, he is no longer flying.  Since  he  is  no  longer  flying,  he  is
requesting the remainder of his ADSC be waived. He committed freely  without
any reservation to 10 years of flying, but extenuating  circumstances  exist
which warrant special consideration. Direct requests to AFPC  were  answered
with a suggestion to apply for a correction via this  Board.  Colleagues  of
his have successfully lobbied this Board for similar  ADSC  waivers,  so  he
knows it is possible. The current Force Shaping  program  is  waiving  other
ADSCs, however, he is not eligible. He has no plans  to  separate  from  the
Air Force, but would like the freedom  to  make  that  choice.  Due  to  the
nature of his disqualification there is no chance  to  take  the  Air  Force
training he received to the civilian flying community.

In support of his request, applicant provides  a  personal  letter,  emails,
pay schedule, letters of recommendation, and OERs.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty in the  grade  of  captain
with a date of rank of 31 May 2004.

The  applicant  attended  and  graduated  JSUPT  on  16  November  2001.  He
acknowledged receipt of the  ADSC  on  a  Statement  of  Agreement  dated  7
December 1999 and on Air Force Form 63 dated 16 November 2000. He was  later
medically disqualified from flying status due to alcoholism.

The applicant was considered and nonselected for  promotion  to  captain  by
the CY03B captain promotion board. A Promotion Recommendation  Form  with  a
Do Not Promote (DNP) recommendation  was  prepared  on  the  applicant.  The
reason for the DNP recommendation was that the applicant  demonstrated  poor
judgment, drank to excess at deployed location, made a public  spectacle  of
himself, was abusive to two enlisted members, committed  conduct  unbecoming
of an officer, demonstrated immature officer ship and punished  pursuant  to
Article 15, UCMJ.

On 22 October 2002, the applicant  received  nonjudicial  punishment  for  a
violation of Article 134, UCMJ, for being  drunk  and  disorderly  on  28-29
September 2002. His punishment was forfeiture of $1,375 pay  per  month  for
two months and a reprimand.

_________________________________________________________________

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial, stating nonjudicial  punishment  is  permitted
by Article 15, UCMJ, and governed by the Manual for Courts-Martial  and  Air
Force Instruction 51-202, Nonjudicial Punishment. The applicant's  commander
determined Article 15 action was warranted. The applicant waived  his  right
to be tried  by  court-martial  and  chose  instead  to  accept  Article  15
proceedings, placing the determination of guilt or  innocence,  as  well  as
punishment, in his  commander's  hands.  He  acknowledges  that  the  guilty
finding was correct.   There  is  no  new  evidence  sufficient  to  justify
overturning the commander's decision.

AFLO/JAJM's complete evaluation is at Exhibit C.

AFPC/DPSCES  recommends  denial  and  states  AFI   36-2107,   Active   Duty
Commitments, Table 1.1, Rule 10 states that the  ADSC  incurring  event  for
JSUPT is 10 years. Applicant has an ADSC of 16 November  2011  base  on  his
completion of JSUPT. Since the applicant still maintains  a  secondary  AFSC
of 11M2F (KC-135 Mobility Pilot), he must serve the service commitment.  The
applicant may request a waiver of his ADSC in  conjunction  with  separation
IAW 36-3207 or as an exception to Air Force policy. The  applicant  did  not
provide sufficient justification to support his request.

AFPC/DPSCES’s complete evaluation is at Exhibit D

AFPC/DPPPO recommends denial and states based on AFLOA/JAJM's findings,  and
the fact that there is no convincing  data  demonstrating  that  a  material
error or injustice existed  in  the  member's  record,  they  recommend  the
AFBCMR deny his request for an earlier DOR to captain.  Without  an  earlier
DOR and effective date,  there  is  no  entitlement  to  any  back  pay  and
allowances.

AFPC/DPPPO's complete evaluation is at Exhibit E.

AFPC/JA recommends denial and states  retaining  in  his  Air  Force  record
those entries that capture the applicant's  misbehavior  does  not  rise  to
that level. On the contrary, that behavior constituted  a  serious  criminal
breach, and the judicial and administration actions  subsequently  taken  in
response thereto were entirely commensurate with the offense.  We  recommend
that those matters of record not be disturbed.

AFPC/JA's complete evaluation is at Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  18
August 2006 for review and comment within 30 days.  As of  this  date,  this
office has received no 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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  We find no evidence of error in this  case
and after thoroughly reviewing the documentation provided in support of  his
appeal, we do not believe he has suffered an injustice.  In  cases  of  this
nature, we are not inclined to disturb the judgments of commanding  officers
absent a strong showing of abuse of discretionary  authority.   We  have  no
such showing here.   The  evidence  of  record  indicates  that  during  the
processing of the Article 15 action, the applicant was afforded every  right
to which he was entitled, he was represented by counsel,  waived  his  right
to demand trial by court-martial, and submitted matters for  review  by  the
imposing commander and appellate authority.  After considering  the  matters
raised by the applicant, the commander determined that he had committed  the
offense alleged and imposed punishment.  Persuasive evidence  has  not  been
provided which would lead us to believe that the imposing commander  or  the
reviewing  authority  abused  their  discretionary   authority,   that   his
substantial rights were violated during the processing  of  the  Article  15
punishment, or that the punishment exceeded the maximum  authorized  by  the
UCMJ. In view of the above and absent persuasive evidence to  the  contrary,
we find no compelling basis to recommend granting the relief sought.

4.   Notwithstanding  the  above,  sufficient  relevant  evidence  has  been
presented to demonstrate the existence of  an  error  with  respect  to  the
contested JSUPT ADSC.  In  this  respect,  the  Board  notes  the  applicant
received an  Article  15  due  to  his  own  misconduct  and  was  medically
disqualification from flying  as  a  pilot.  The  commander  determined  the
information should be permanently filed in the applicant's Officer  HQ  USAF
Selection  and  the  Officer  Command  Selection  Records.  Based  upon  the
defamatory information contained  in  the  applicant's  officer  performance
report, his medically disqualification to be utilized as a pilot in any  Air
Force  aircraft  and   the   Force   Shaping   Program,   future   promotion
considerations could be significantly effected. In light of the  above,  the
Board feels it is in the best interest of the Air Force to waive  his  JSUPT
ADSC. Therefore, we believe any doubt in this matter should be  resolved  in
favor of the applicant and recommend his 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 his Active Duty  Service  Commitment
(ADSC) of 16 November 2011, incurred as a result of his completion of Joint
Specialized Undergraduate Pilot Training (JSUPT) be declared void.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2006-01471
in Executive Session on 17 October 2006, under the provisions  of  AFI  36-
2603:

            Ms. Charlene M. Bradley, Panel Chair
            Ms. Patricia R. Collins, Member
            Ms. LeLoy W. Cottrell, Member

All members voted to correct the records, as  recommended.   The  following
documentary evidence was considered in connection with AFBCMR Docket Number
BC-2006-01471:

      Exhibit A.  DD Form 149, dated 5 May 06, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFLOA/JAJM, dated 21 Jun 06.
      Exhibit D.  Letter, AFPC/DPSCES, dated 16 Jul 06
      Exhibit E.  Letter, AFPC/DPPPO, dated 2 Aug 06.
      Exhibit F.  Letter, AFPC/JA, dated 11 Aug 06.
      Exhibit G.  Letter, SAF/MRBR, dated 18 Aug 06.





                                        CHARLENE M. BRADELY
                                        Panel Chair


AFBCMR BC-2006-01471




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 XXXXXXX, XXXXXXX, be corrected to show  that  his  Active  Duty
Service Commitment (ADSC) of 16 November 2011, incurred as a result of  his
completion of Joint Specialized Undergraduate Pilot  Training  (JSUPT)  be,
and hereby is, declared void.







JOE G. LINEBERGER

Director

        Air Force Review Boards Agency