DOCKET NUMBER:  BC-2012-01116 
  
COUNSEL:  NONE 
HEARING DESIRED: NO 

 
                       RECORD OF PROCEEDINGS 
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 
 
 
IN THE MATTER OF: 
   
   
 
   
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
He  be  reinstated  to  the  rank  of  Airman  First  Class  along  with 
his previous time in grade.   
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He  has  successfully  completed  the  Air  Force  Return  to  Duty 
Program  (RTDP)  and  has  had  no  further  disciplinary  actions 
during  the  12-month  probation  period  following  his  official 
return to duty.   
 
In  support  of  his  request,  the  applicant  submits  a  personnel 
statement,  letters  of  recommendation,  documents  pertaining  to 
his nonjudicial punishment actions and return to duty, and an AF 
Form 910, Enlisted Performance Report (AB thru TSgt).   
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A.  
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The  applicant  contracted  his  initial  enlistment  in  the  Regular 
Air Force on 10 July 2007.  He was progressively promoted to the 
rank of airman first class. 
 
On  16  September  2010,  the  applicant  was  tried  by  a  special 
court-martial for two specifications of wrongful use of cocaine.  
He  pled  guilty  to  both  specifications,  was  found  guilty.    His 
sentence  was  a  reprimand,  reduction  in  grade  from  airman  first 
class, to airman basic, and forfeiture of $500 pay per month for 
6  months,  hard  labor  without  confinement  for  3  months  and 
restriction to the limits of his assigned Air Force Base for 2 
months.   
 
The applicant applied for and was selected to participate in the 
Air  Force  Return  to  Duty  Program.    On  15  March  2011,  The  Air 
Force  Clemency  and  Parole  Board  reviewed  the  applicant’s  case 

  EVALUATION  
  5B – Promote Ahead of Peers 
  3B  
  5B – Promote 
  4B 

and approved his return to duty, effective as soon as possible, 
under the provisions of Air Force Instruction (AFI) 31-205,  The 
Air Force Correction System, paragraph, 11.6.   
 
The  applicant’s  Enlisted  Performance  Report  (EPR)  profile 
follows:  
 
      PERIOD ENDING  
      25 October 2011 
      25 October 2010 
      10 March 2010 
      10 March 2009 
 
Information  extracted  from  the  Military  Personnel  Database 
System  (MilPDS)  (Exhibit  B)  reveals  the  applicant  has  been 
subsequently  promoted  to  the  grade  of  airman  first  class  on 
25 August 2012.  He currently has a projected date of separation 
(DOS)  of  9  July  2013.  The  applicant’s  Reenlistment  Eligibility 
(RE)  code  is  “4E”  ineligible  due  to  insufficient  grade  –  grade 
is Airman First Class or below.  
 Examiner’s Note:    In  accordance  with  (IAW)  AFI  31-205,  the  Air 
Force  maintains  a  service  unique  Return  to  Duty  Program 
(reference  10  USC  section,  953)  located  at  Lackland  AFB,  TX.  
The  program  offers  selected  court-martialed  enlisted  personnel 
with  exceptional  potential  the  opportunity  to  be  returned  to 
active  duty  and  have  their  punitive  discharge,  if  adjudged, 
remitted.  Program  participants  referred  to  as  candidates,  live 
in  housing  relatively  free  of  physical  security  and  control 
measures as much as possible.  There is no social segregation by 
sex.    They  are  provided  with  therapy  and  education  programs 
individually  designed  to  improve  their  conduct,  attitude  and 
productivity for continued Air Force service.   
 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSOE  recommends  denial.    DPSOE  states  the  RTDP  is  the 
Secretarial  implementation  of  10  USC  section  953  (remission  or 
suspension of sentence; restoration to duty; reenlistment).  The 
RTDP gives airmen the opportunity to be returned to active duty 
and  have  a  punitive  discharge,  if  adjudged,  remitted;  it  does 
not  provide  for  restoration  of  rank.    AFI  36-2502,  Airman 
Promotion/Demotion  Programs,  governs  eligibility  for  promotion.  
That  instruction  contains  no  provision  enabling  applicant  to 
regain  rank  lost  as  a  result  of  a  criminal  conviction.  
Completion of the RTDP does not even guarantee a return to duty.  
All  that  is  required  is  that  the  airmen  returned  to  duty  be 
allowed to serve at least one year before separation.  While the 
applicant  has  successfully  completed  the  RTDP  and  provided 
several letters in support of his request, no error or injustice 

 

 
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occurred  in  this  case.    The  applicant  will  be  eligible  for 
promotion to Airman First Class on 25 August 2012.   
 
The complete AFPC/DPSOE evaluation is at Exhibit C 
 
________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
In a letter dated 6 May 2012, the applicant states IAW AFI 31-
205,  paragraph  11.6.16.,  Airmen  who  complete  the  RTDP  can 
petition the AFBCMR for re-instatement of some or all rank lost 
in court-martial.  The Air Force has at least contemplated that 
members  who  successfully  complete  the  RTDP  should  receive  some 
or all of their lost rank.  Therefore, he requests his rank be 
restored  to  Airman  First  Class  based  on  his  successful 
completion  of  the  RTDP  and  duty  performance  since  returning  to 
duty.    The  applicant  includes  details  of  his  current  job 
performance, leadership support, and reiterates his request for 
some  or  all  of  his  previous  time  in  grade  in  addition  to  his 
restored rank.   
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit E.   
 
________________________________________________________________ 
 
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 took notice 
of the applicant's complete submission, to include his comments 
provided in rebuttal to the Air Force evaluation, in judging the 
merits  of  the  case;  however,  we  agree  with  the  opinion  and 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our 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 

 

 
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  Panel Chair 
  Member 
  Member 

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 
BC-2012-01116  in  Executive  Session  on  11  September  2012,  under 
the provisions of AFI 36-2603: 
 
 
 
 
The following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 9 March 2012, w/atchs. 
    Exhibit B.  Applicant’s Master Personnel Records. 
    Exhibit C.  Letter, AFPC/DPSOE, dated 27 April 2012. 
    Exhibit D.  Letter, SAF/MRBR, dated 11 May 2012. 
    Exhibit E.  Letter, APPLICANT, dated 6 May, 2012, w/atchs. 
 
 
 
 
                                   
                                   Panel Chair 
 

 

 
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