RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-03822
            INDEX CODE:  100.00; 102.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  The rank of Senior Airman be reinstated to 1 Feb 07.

2.  His “Secret” Security Clearance be reinstated (restored 20 Oct 09).

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APPLICANT CONTENDS THAT:

He was enrolled in the Return to Duty program and is currently a  productive
member of the Air Force.  His reinstatement  to  senior  airman  (E-4)  will
waive any problems with his reenlistment.  He would be able to better  serve
his unit if he had his security clearance returned.

In support of his request, the applicant submits a copy  of  his  individual
information.

The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

In May 08, the applicant was a senior airman (E-4) (DOR, 1 Feb 07)  assigned
to the Security  Forces  Squadron.   He  was  accused  of  wrongfully  using
methylenedioxymethamphethamine (ecstasy)  and  underage  drinking.   He  was
charged with one specification of wrongful use of  a  controlled  substance,
in violation of Article 112a, Uniform Code of Military Justice  (UCMJ);  and
one specification of dereliction of duty in violation of Article 92, UCMJ.

He was tried at a special court-martial on 16 May 08. He pled guilty to  the
charges and specifications and was sentenced to reduction to  forfeiture  of
$700.00 pay per month for four  months,  confinement  for  four  months  and
reduction to the grade of airman (E-2).  The convening authority took  final
action on the case on 20 Jun 08 and approved the findings and only  so  much
of the sentence as provided for  reduction  to  airman  first  class  (E-3),
forfeiture of $700.00 pay per month for  four  months  and  confinement  for
four  months.   The  convening  authority  also  deferred  the   applicant’s
sentence to confinement until he was  transferred  to  the  Return  To  Duty
Program (RTDP).  The convening authority ordered the applicant to  the  RTDP
for the purpose of rehabilitation.  On 23 Jun 08, the applicant’s Record  of
Trial was reviewed pursuant to Article 64(a), UCMJ, and found to be  legally
sufficient.

The Clemency, Corrections and Officer Review  Division  (JAJR)  of  the  Air
Force Legal Operations Agency reports that the applicant graduated from  the
RTDP program on 13 Jan  09.  The  Air  Force  Correction  and  Parole  Board
approved his return to active duty on 21 Jan 09 and he  was  assigned  to  a
base effective 20 Mar 09.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the letters  prepared  by
the appropriate office of the Air Force at Exhibits B and C.

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AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial of the applicant’s request to restore his  rank
of E-4.  JAJM states the applicant has not provided any  evidence  of  error
in his court-martial or with the RTDP.

JAJM opines the Air Force RTDP is  a  unique  opportunity  for  individuals.
RTDP offers selected court-martialed  enlisted  personnel  with  exceptional
potential the opportunity to be returned to  active  duty.   Volunteers  for
the program have usually received a punitive  discharge  as  part  of  their
court-martial sentence and look to the RTDP as an opportunity to  wipe  that
punitive discharge from their record after they  complete  the  program  and
are returned to active duty.  The  applicant  did  not  receive  a  punitive
discharge  at  his  court-martial;  however,   he   was   facing   mandatory
administrative separation from the Air Force because of his  conviction  for
drug use.

JAJM states candidates are not entitled by virtue of  successful  completion
of the RTDP to be returned to the grade they held before the court-martial.

The complete JAJM evaluation is at Exhibit B.

HQ AFPC/DPSOE recommends denial of the applicant’s request  to  restore  his
rank of E-4.

The complete DPSOE evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  26
Feb 10, for review and comment within  30  days.   As  of  this  date,  this
office has received no response (Exhibit D).

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was time filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinions and recommendations of the Air Force  offices  of  primary
responsibility and adopt their rationale as the  basis  for  the  conclusion
that the applicant has not  been  the  victim  of  an  error  or  injustice.
Therefore, in the absence of evidence to the contrary, we find no  basis  to
recommend granting the relief sought in this application.

_______________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that the application will only  be
reconsidered upon the submission of newly discovered relevant  evidence  not
considered with this application.

_______________________________________________________________

The following members of the Board considered this application in  Executive
Session on 5 Aug 10, under the provisions of AFI 36-2603:

      Panel Chair
      Member
      Member

The following documentary evidence was considered in AFBCMR BC-2009-03822:

    Exhibit A.  DD Form 149, dated 7 Sep 09, w/atchs.
    Exhibit B.  Letter, AFLOA/JAJM, dated 20 Nov 09.
    Exhibit C.  Letter, HQ AFPC/DPSOE, dated 7 Dec 09.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Feb 10.



                                   Panel Chair