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AF | BCMR | CY2000 | 9900912
Original file (9900912.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-00912
            INDEX NUMBER:106.00

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions  discharge  be  upgraded  to
general (under honorable conditions).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is truly sorry for what he did and feels that due to his change  in
life, abstaining from alcohol and drugs, that he is a new  person  and
is asking the Air Force to change his discharge.

In support of his appeal, applicant  submitted  letters  of  character
references from acquaintances and employers.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 23 May 1967, the applicant enlisted in the Regular Air Force in the
grade of airman basic (E-1).  He served on continuous active duty  and
entered his last enlistment on 23 November 1982.  Prior to the  events
cited below, he was promoted to the grade of staff sergeant (E-5).

On 04 February 1986, applicant was convicted by Special  Court-Martial
for wrongful use of cocaine between 16 Aug 85 and 16 Sep 85.   He  was
sentenced to reduction to the grade of airman basic  (E-1) and  a  bad
conduct discharge.

On 26 September 1986, he was discharged  under  Special  Court-Martial
Order #70, with a bad conduct discharge.  He served 19 years, 4 months
and 4 days on active duty.
On 04 May 2000, the applicant appeared and  testified,  with  counsel,
before the Air Force Discharge Review Board (AFDRB).  The AFDRB  found
a sufficient basis, as an act of clemency, for a change of  discharge.
It changed the punitive  discharge  to  an  administrative  discharged
characterized as under other than honorable conditions.

A copy of the AFDRB Hearing Record is attached at Exhibit C.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg, West Virginia, provided an investigative report  which  is
attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AFDRB HEARING RECORD:

On 22 June 2000, a copy of the AFDRB Hearing Record was  forwarded  to
the applicant for review and comment within 30 days (Exhibit  E).   As
of this date, no response has been received by this office.

On 28 July 2000, the FBI Report of Investigation was forwarded to  the
applicant for review and comment.  At that  time,  the  applicant  was
also  invited  to  provide  additional  evidence  pertaining  to   his
activities since leaving the service (Exhibit F).  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.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of probable error  or  injustice.   Evidence  of  record
reflects that the applicant’s bad conduct discharge  was  upgraded  by
the Air Force Discharge Review Board to  under  other  than  honorable
conditions on the basis of clemency.  We have  noted  the  letters  of
character reference submitted in applicant’s behalf indicating that he
is  held  in  high  esteem  by  his   acquaintances   and   employers.
Nonetheless, in view of the seriousness of the misconduct which led to
his court-martial  and  subsequent  discharge,  and  in  view  of  the
contents of the FBI Report of Investigation, we are  not  inclined  to
recommend further upgrade of the characterization of  the  applicant’s
discharge on the basis of clemency at  this  time.   In  view  of  the
foregoing,
the applicant’s request for upgrade of his discharge to general (under
honorable conditions) is not favorably considered.

4.  The applicant's case is adequately documented and  it  has  not
been shown that a personal appearance with or without counsel  will
materially  add  to  our  understanding  of  the  issues  involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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 17 October 2000, under the provisions of AFI  36-
2603:

      Mr. Benedict A. Kausal, IV, Chair
      Ms. Dorothy P. Loeb, Member
      Mr. Richard A. Peterson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Feb 99, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  AFDRB Hearing Record, dated 18 May 00.
    Exhibit D.  FBI Report of Investigation.
    Exhibit E.  Letter, SAF/MIBR, dated 22 Jun 00.
    Exhibit F.  Letter, AFBCMR, dated 28 Jul 00.




                                   BENEDICT A. KAUSAL, IV
                                   Chair

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