RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-01127
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be changed to a general (under honorable
conditions) discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His bad conduct discharge was inequitable because it was based on one
isolated incident in 147 months of service with no other adverse action.
In support of the appeal, applicant submits a personal statement, and
character reference statements.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 September 1989, the applicant enlisted in the Regular Air Force in
the grade of senior airman.
On 1 March 1992, applicant was promoted to the grade of staff sergeant.
On 29 October 1992, the applicant provided a urine sample during a random
urinalysis at Davis Monthan AFB. The sample was forwarded to Brooks AFB
Laboratory for testing and tested positive for benzoylecgonine.
Benzoylecgonine is a chemical by-product of cocaine. The applicant was
tried by a general court-martial at Davis Monthan AFB on 11 & 12 March
1993. The court-martial panel found the applicant guilty and sentenced
him to a BCD, 9 months confinement, and reduction in grade to airman
basic.
On 31 March 1995, while serving in the grade of airman basic, he was
discharged from the Air Force by General Court-Martial Order No. 108,
with a Bad Conduct Discharge. He served 10 years, 10 months and 27 days.
He had 169 days of lost time.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Washington, D.C., provided an investigation report which is attached at
Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
The Associate Chief, Military Justice Division, AFLSA/JAJM, reviewed the
application and states that drug use in the military is not tolerated.
Cocaine use is a serious offense. At the time of the offense for which
the applicant was court-martialed, he was a staff sergeant with over nine
years of active service. The applicant’s status as a noncommissioned
officer and his experience on active duty make his wrongful cocaine use
all the more aggravating. His conviction was affirmed by the Air Force
Court of Criminal Appeals. No injustice occurred during the applicant’s
court-martial. The applicant admits that he committed the offense for
which he was court-martialed. Although, the applicant had a clean record
prior to his court-martial conviction, the BCD imposed by the court-
martial panel was appropriate given the serious nature of the offense
committed. They state, while the applicant should be commended for
turning his life around, there is no substantive justification for
upgrading his BCD to a general discharge. Therefore, they recommend
denial of applicant’s request.
A complete copy of the evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 5 October 1998, a copy of the Air Force evaluation was forwarded to
the applicant for review and response within 30 days. As of this date,
no response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. We find no impropriety in the characterization of applicant’s
discharge. It appears that responsible officials applied appropriate
standards in effecting the separation, and we do not find persuasive
evidence that pertinent regulations were violated or that applicant was
not afforded all the rights to which entitled at the time of discharge.
We conclude, therefore, that the discharge proceedings were proper and
characterization of the discharge was appropriate to the existing
circumstances.
4. We also find insufficient evidence to warrant a recommendation that
the discharge be upgraded on the basis of clemency. We have considered
applicant’s overall quality of service, the events which precipitated the
discharge, and available evidence related to post-service activities and
accomplishments. On balance, we do not believe that clemency is
warranted.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable 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 26 January 1999, under the provisions of AFI 36-
2603:
Ms. Rita S. Looney, Panel Chair
Mr. Terry A. Yonkers, Member
Ms. Patricia D. Vestal, Member
Ms. Phyllis L. Spence, Examiner (without vote)
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 May 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFLSA/JAJM, dated 15 Sep 98.
Exhibit E. Letter, AFBCMR, dated 5 Oct 98.
RITA S. LOONEY
Panel Chair
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RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-01127 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be changed to a general (under honorable conditions) discharge. At the time of the offense for which the applicant was court-martialed, he was a staff sergeant with over nine years of active service. We...
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