RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER: BC-2013-01916
                                COUNSEL:  NONE
	   			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be reinstated to the grade of Senior Airman (SrA).  

2.  If the Board grants his request, he be returned to active 
duty.    

3.  His current enlistment be extended so that he is eligible 
for promotion and reenlistment.
  
________________________________________________________________

APPLICANT CONTENDS THAT:

He was reduced to the grade of Airman Basic (AB) as a part of 
his court-martial punishment.  He completed the Return to Duty 
Program (RTDP) and will have completed the mandatory 
probationary period of one year on 6 Jun 2013.  

He wants to be eligible to test for promotion and mentor younger 
airmen to not make the same mistakes he made.  

He made a smooth transition back to his career field as an air 
traffic controller and is committed to his unit.  He has also 
volunteered over 200 hours to his community.  

He will have proudly served the Air Force for 7 years and wants 
nothing more than to continue to serve.  

In support of his request, the applicant provides several 
letters of support and a copy of his Enlisted Performance Report 
(EPR).  

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty on 1 Aug 2006 on a 6 year 
enlistment.  

On 14 Nov 2011, the applicant pled guilty and was found guilty 
of one charge of dereliction of his duties by failing to notify 
finance of his divorce, in violation of Article 92, Uniform Code 
of Military Justice (UCMJ); one charge of making a false 
official statement when he stated he had provided a copy of his 
divorce decree to the military personnel flight when he had not, 
in violation of Article 107, UCMJ; one charge of larceny for 
taking and accepting military housing allowance payments and 
family separation allowance payments, in violation of Article       
121, UCMJ; and one additional charge of making a false official 
statement where he claimed his ex-wife as a dependent when she 
was not his dependent, in violation of Article 107, UCMJ.  The 
applicant was sentenced to a Bad Conduct Discharge (BCD), 
forfeiture of all pay and allowances and a reduction to the 
grade of AB.   

On 19 Dec 2011, the convening authority approved the findings 
and sentence. 

On 7 Jun 2012, the Air Force Clemency and Parole Board approved 
the applicant for the RTDP under the provisions of Air Force 
Instruction (AFI) 31-205, The Air Force Corrections System, and 
suspended the BCD until 6 Jun 2013.  His DOS was extended to   
31 Jul 2013 to allow completion of the RTDP.  

In accordance with AFI 36-2601, Reenlistment in the United 
States Air Force, 6 year enlistees must be in the grade of SrA 
to reenlist or extend their enlistment.

On 31 Jul 2013 he was discharged with an honorable 
characterization of service and Reentry (RE) code 4E, which 
denotes, “A1C or below completed 31 or more months.”

The applicant served 7 years on active duty.  

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AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial of his requests to extend his 
enlistment to make him eligible to reenlist.  The applicant’s 
approval for the RTDP was not a decision to allow him to extend 
his career past his current enlistment, but to allow him the 
opportunity to complete his current enlistment and avoid a 
punitive discharge.  The applicant’s circumstances are the same 
as others who are forced to separate because of RE code 4E as a 
result of their time-in-service and grade which stemmed from 
disciplinary infractions.  The difference is most of their 
infractions did not lead to being court-martialed and being 
eligible to apply for and complete the RTDP.  Being returned to 
duty should not afford the applicant the opportunity to extend 
his enlistment and continue his career when others similarly 
situated are not afforded the same opportunity.  Although the RE 
code 4E will force the applicant to separate, he will not 
receive the BCD he was once projected for.

The complete DPSOA evaluation is at Exhibit C.

DPSOE recommends denial of his request to reinstate his grade of 
SrA.  The applicant was ineligible for promotion until 6 Jun 
2013 as a result of the suspended BCD.  In accordance with AFI 
36-2502, Airman Promotion/Demotion Programs, an airman is 
ineligible for promotion for a particular cycle when they have 
been convicted by a court-martial, or is undergoing 
punishment/suspended punishment imposed by court-martial.  In 
the applicant’s case, he would not be eligible for promotion to 
the grade of SrA until 6 Jun 2016.  

The complete DPSOE evaluation is at Exhibit D.    
 
AFLOA/JAJM recommends denial.  The applicant alleges no 
injustice or error and his record of trial shows no error in the 
processing of the court-martial conviction against him.  At his 
court-martial, he pled guilty to and was found guilty of the 
charges.  The applicant was represented by military counsel and 
was afforded every right he was entitled to.  Prior to accepting 
his guilty plea, the military judge ensured the applicant 
understood the meaning and effect of his plea and the maximum 
punishment that could be imposed if his guilty plea was accepted 
by the court.  There is no requirement to provide this type of 
relief to an individual who completes the RTDP.  The applicant 
was reduced to the grade of AB as punishment for his misconduct.  
He was given the opportunity to remain in the Air Force for the 
remainder of his term of enlistment and he excelled at this 
opportunity.  In return, he will already be given clemency as 
the remaining of his unserved sentence, the BCD, will be 
remitted now that his probationary period is completed.  
Granting further clemency in this case would take away from 
those who have worked hard to promote and committed no serious 
misconduct.     

The complete JAJM evaluation is at Exhibit E. 

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 5 Jul 2013 for review and comment within 30 days 
(Exhibit F).  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. Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or an 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 (OPR) and adopt their 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 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 AFBCMR Docket 
Number BC-2013-01916 in Executive Session on 11 Feb 2014, under 
the provisions of AFI 36-2603:
     
 	  , Panel Chair
       	  , Member
     	  , Member

The following documentary evidence was considered:

   	 Exhibit A.  DD Form 149, dated 20 Apr 2013, w/atchs.
     	 Exhibit B.  Applicant’s Master Personnel Records
    	 Exhibit C.  Letter, AFPC/DPSOA, dated 7 May 2013. 
	 Exhibit D.  Letter, AFPC/DPSOE, dated 15 May 2013.   
	 Exhibit E.  Letter, AFLOA/JAJM, dated 12 Jun 2013.
	 Exhibit F.  Letter, SAF/MRBR, dated 5 Jul 2013.  



		
       
      				Panel Chair