RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-03401
                             INDEX CODE:  110.00

                             COUNSEL: NONE

                             HEARING DESIRED: NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His time has been served for his misconduct and now all  charges  have  been
dropped.  He is truly  sorry  about  the  way  he  was  separated  from  the
service.  He no longer has  the  need  for  the  activity  that  caused  his
discharge.  He has a lovely family, attends the family  church,  has  steady
work and he thanks the Lord for his past.

In support of his  request,  he  submits  a  personal  statement  and  other
documentation.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force  on  6  September  1978  in  the
grade of airman basic for a period of 4 years.

On 21 June 1981, the applicant was convicted by  Special  Court-Martial  for
the following reasons:

Charge:  Violation of the Uniform Code Of Military Justice, Article 134.

Specification 1:  did,  at  Little  Rock  AFB,  Arkansas,  at  divers  times
between about February 1980 and 8 October 1980, wrongfully sell marijuana.

Specification 2:  did,  at  Little  Rock  AFB,  Arkansas,  at  divers  times
between about February 1980 and 8 October 1980, wrongfully use marijuana.

Specification 3:  did,  at  Little  Rock  AFB,  Arkansas,  at  divers  times
between about February 1980 and 11 October  1980,  wrongfully  possess  some
amount of marijuana.

The applicant pleaded and was found guilty to  all  specifications  and  the
charge.  He was sentenced to a  bad  conduct  discharge,  confined  at  hard
labor for five  months,  reduced  to  the  grade  of  airman  basic,  and  a
forfeiture of $334.00 per month for five months.

A resume of the applicant's performance reports follows:

            PERIOD ENDING         OVERALL EVALUATION

                 17 Jun 79              8
                 31 Dec 79              8
                 23 Oct 80              5

The applicant was discharged on 14 December 1981  in  the  grade  of  Airman
Basic with a Bad Conduct Discharge in accordance with conviction  by  Court-
Martial (Other Than Desertion).  He served 2 years,  9  months  and  5  days
total active duty with 124 days lost time.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  investigation,
Clarksburg, W.V., provided an investigative  report  which  is  attached  at
Exhibit C.  On 9 April 2001, the FBI report was forwarded to  the  applicant
for review and response within thirty (30) days (Exhibit  G).   As  of  this
date, no response has been received by this office.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Military  Personnel  Management  Specialist,  Separations  Branch,   HQ
AFPC/DPPRS, reviewed  this  application  and  states  that  based  upon  the
documentation in the file, they believe the discharge  was  consistent  with
the procedural and substantive requirements  of  the  discharge  regulation.
Additionally,  the  discharge  was  within  the  sound  discretion  of   the
discharge  authority.   The   applicant’s   court-martial   conviction   for
wrongfully using and selling marijuana and considering he was serving  as  a
security policeman at the time of his conviction,  warranted  the  character
of service he was given.  The applicant did not submit any new  evidence  or
identify  any  errors  or  injustices  that  occurred   in   the   discharge
processing.  Additionally, the applicant provided  no  facts  warranting  an
upgrade of the discharge  he  received.   Accordingly,  they  recommend  his
records remain the same and his request be  denied.   He  has  not  filed  a
timely request.




A complete copy of the Air Force evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 16 February 2001, a copy of the Air Force  evaluation  was  forwarded  to
the applicant for review and response within 30 days  (Exhibit  E).   As  of
this date, no response has been received by this office.

On 16 March 2001, the Board staff  requested  the  applicant  provide  post-
service documentation within thirty (30)  days  (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  warranting  an   upgrade   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.  Nor do we find, that the  discharge  proceedings  were  unproper
and the characterization  of  his  discharge  was  not  appropriate  to  the
existing circumstances.  Therefore, based on  the  evidence  of  record,  we
find no basis uppon which to favorably consider this application.

_________________________________________________________________

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 5 June 2001, under the provisions of AFI 36-2603:


                  Ms. Rita S. Looney, Panel Chair

                  Mr. William H. Anderson, Member
                  Mr. George Franklin, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 9 December 2000, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 29 January 2001.
   Exhibit E.  Letter, SAF/MIBR, dated 16 February 2001.
   Exhibit F.  Letter, AFBCMR, dated 16 March 2000.
   Exhibit G.  Letter, AFBCMR, dated 9 April 2001.




                                RITA S. LOONEY
                                Panel Chair