RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02368
            INDEX CODES:  100.05, 110.03,
                               112.10, 131.09

            COUNSEL:  NONE

            HEARING DESIRED:  NO

TMCD:  30 May 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected, to include  reinstatement  of  his  rank  of
senior airman, to allow him to reenlist in the Air Force.

He be returned to his previous career field or given  the  opportunity
to retrain into another career field.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was convicted by general court-martial in Aug 05 of wrongful use of
Percocet.  After he was sentenced, he applied  for  and  was  accepted
into the Return to Duty Program (RTDP).  While he does not believe  an
injustice occurred during the court-martial, he does believe it  would
be an injustice if he is unable  to  reenlist  in  the  Air  Force  to
continue to prove that he is a valued member.

In  support  of  his  appeal,  the  applicant  provided  his  expanded
statement and supportive statements.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s available military personnel records indicate he  enlisted
in the Regular Air Force on 24 Jul 01 in the grade of airman basic.

On 5 Aug 05, he was convicted by general court-martial of wrongful use
of Percocet on or about 13 May 02 and on or about 31 Dec 02.   He  was
sentenced to a bad conduct discharge (BCD), reduction from  the  grade
of senior airman (E-4)  to  the  grade  of  airman  basic  (E-1),  and
restriction to the limits of Pope Air Force Base  (AFB)  for  30 days,
but only so much of the sentence as provided for a BCD  and  reduction
to the grade of airman basic (E-1) was approved.

On 2 Sep 06, the portion of the  sentence  providing  for  a  BCD  was
suspended by action of the Air Force Clemency and Parole  Board  until
20 July 07 at which time it was remitted without further action.

Information extracted from the Personnel Data System  (PDS)  indicates
the applicant is currently serving on active  duty  in  the  grade  of
airman basic, with a date of rank of 19  Aug  05.   His  Total  Active
Federal Military Service Date (TAFMSD) is 26 Nov 01.  He has a date of
separation (DOS) of 23 Nov 07.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial noting the RTDP  allows  selected  court-
martialed  enlisted   personnel   with   exceptional   potential   the
opportunity  to  return  to  active  duty  and  have  their   punitive
discharge, if adjudged, remitted.  Candidates who are returned to duty
will have the unexecuted part of any sentence suspended for up to  one
(1) year, or as determined by the Air Force Clemency and Parole Board.
 The suspended punishment, unless the suspension  is  sooner  vacated,
will be remitted at the end of the suspension period or upon the order
of the Air Force Clemency and Parole Board.  These members will  serve
at least one year or until their expiration  term  of  service  (ETS),
whichever is longer.

AFPC/DPPAE indicated that although the applicant has been placed  back
on active duty under the RDTP, existing  personnel  policies  and  the
structure of the RTDP are  not  compatible  for  continued  retention.
Several factors clearly restrict the applicant from continued service.
 These include the current RE code of 4F (Five or more days lost  time
during current enlistment); and that  as  a  four-year  enlistee,  the
applicant does not hold the rank of airman first class (A1C)  with  12
months  time  in  grade.   There  is  no  evidence  of  error  as  his
ineligibility to reenlist is  established  by  governing  instruction.
With respect to injustice, the applicant's punitive discharge  may  be
remitted in exchange for his successful participation in the RTDP.  As
such, it is AFPC/DPPAE’s opinion that evidence of an injustice is  not
presented by this appeal.

A complete copy of the AFPC/DPPAE evaluation, with attachments, is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation, with attachments, was forwarded to
applicant on 21 Sep 07 for review and response within 30 days.  As  of
this date, no response has been received by this office (Exhibit D).

_________________________________________________________________

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.   After  a  thorough  review  of  the
available  evidence,  we  are  persuaded  that  corrective  action  is
warranted in this case.  We note that after his conviction  by  court-
martial, the applicant was accepted into the RTDP, which is  a  highly
selective rehabilitation program.  It allows court-martialed  enlisted
personnel with exceptional potential the opportunity to return to duty
and have their punitive discharges remitted.  It  is  an  intense  and
rigorous program designed to bring about  a  positive  change  in  the
attitudes and conduct of the participants  and  make  them  productive
members of the Air Force.  We also  are  aware  that  entry  into  the
program itself does not guarantee success  and  not  every  individual
that enters and completes  the  program  is  returned  to  duty.   The
applicant successfully completed the RTDP and was  returned  to  duty.
However, it appears he has since separated from the Air Force  at  the
expiration of his current term of service.  All the evidence available
before us indicates he had embraced the  high  standards  of  the  Air
Force, performed  his  duty  in  an  outstanding  manner,  desired  to
continue his military career, and had the support of  others  in  that
endeavor.  Therefore, we are of the opinion the  applicant  should  be
afforded relief that would allow him to again serve in the Air  Force.
Because of the seriousness of the offense committed by the  applicant,
we are not inclined to reinstate his rank of senior airman.   However,
based on clemency, we believe the applicant should be promoted to  the
grade of airman first class with a date of rank (DOR) six months  from
the date of his completion of the RTDP.  The applicant’s request  that
he be returned to  his  previous  career  field  or  he  be  given  an
opportunity to retrain into another career  was  noted.   We  believe,
however, that he should be retrained into an Air Force Specialty  Code
(AFSC) based on the needs of the Air Force.  Accordingly, we recommend
the applicant’s records be corrected to the extent  set  forth  below.
In our view, the recommended corrective action represents  proper  and
fitting relief.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

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

      a.  He was promoted to the grade of airman first class effective
and with a date of rank of 1 Feb 07.

      b.  He was not discharged from active duty on  23  Nov  07,  but
continued to serve on active duty and was ordered permanent change  of
station (PCS) to his home of  record  or  home  of  selection  pending
further orders.

       c.  Competent  authority  approved  a  waiver  of   the   grade
requirement and Career  Job  Reservation  to  obtain  eligibility  for
reenlistment in the Regular Air Force, and that he was  authorized  to
reenlist in the Regular Air Force for a period of four  years  at  the
expiration of his current term of service, as an exception to policy.

      d.  He was honorably discharged on 23 Nov 07 and  reenlisted  in
the Regular Air Force on 24 Nov 07 for a period of four years.

      e.  He be retrained into an  Air  Force  Specialty  Code  (AFSC)
based on the needs of the Air Force.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2007-02368 in Executive Session on 27 Nov 07, under the provisions  of
AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Debra K. Walker, Member
      Mr. Kurt R. LaFrance, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 19 Jul 07, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAE, dated 7 Aug 07, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 21 Sep 07.




                                   THOMAS S. MARKIEWICZ
                                   Chair




AFBCMR BC-2007-02368




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 , be corrected to show that:

            a.  He was promoted to the grade of airman first class
effective and with a date of rank of 1 February 2007.

            b.  He was not discharged from active duty on 23 November
2007, but continued to serve on active duty and was ordered permanent
change of station (PCS) to his home of record or home of selection
pending further orders.

            c.  Competent authority approved a waiver of the grade
requirement and Career Job Reservation to obtain eligibility for
reenlistment in the Regular Air Force, and that he was authorized to
reenlist in the Regular Air Force for a period of four years at the
expiration of his current term of service, as an exception to policy.

            d.  He was honorably discharged on 23 November 2007 and
reenlisted in the Regular Air Force on 24 November 2007 for a period
of four years.

            e.  He be retrained into an Air Force Specialty Code
(AFSC) based on the needs of the Air Force.





    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency