RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01267
INDEX CODE: 110.00
APPLICANT COUNSEL: None
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge be upgraded to an honorable conditions
discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge should be upgraded because someone of equal rank did not
conduct his test. His specimen was left unattended and the chain of
custody was compromised (Exhibit A).
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman on 4
January 1971.
The applicant's court-martial proceedings were conducted on 28-29
August 1990. He was charged with violating Article 112a, Uniformed
Code of Military Justice (UMCJ), wrongful use of cocaine. The
applicant was found guilty of wrongful use of cocaine. He was
sentenced to a bad conduct discharge, six months confinement, total
forfeitures, and reduction to airman basic.
The Air Force Court of Military Review affirmed the findings and
sentence on 11 June 1992. On 31 May 1994, the U. S. Court of Military
Appeals affirmed the findings and sentence. The U. S. Supreme Court
denied the applicant's application for writ of certiorari on 9 January
1995. On 17 March 1995, the final court-martial order was issued
directing the applicant's bad conduct discharge be executed. He was
discharged on 23 June 1995.
The remaining relevant facts pertaining to this application, extracted
from the applicant's military records, are contained in the letter
prepared by the appropriate office of the Air Force.
_________________________________________________________________
AIR FORCE EVALUATION:
AFLSA/JAJM states that applicant was court-martialed for wrongful use
of cocaine. The applicant stated during his court-martial that he was
unaware the he had ingested cocaine. The government's expert witness
contradicted the applicant's testimony by stating if the applicant had
ingested the cocaine as he claimed, it would have been a near fatal
dosage with side effects, which the applicant had none. The applicant
was represented by legal counsel at his court-martial and his court-
martial proceedings were conducted in accordance to the appropriate
rules and regulations.
The applicant now alleges that his monitor for the testing was not of
equal rank and that the system failed him because his specimen was
left unattended. The applicant has not provided sufficient persuasive
evidence to support his allegations. Therefore, based on the evidence
and records provided JAJM recommends the applicant's request be
denied.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 9 August 2002, for review and response. 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 error or injustice. After careful consideration of
the circumstances of this case and the evidence provided by the
applicant, we are not persuaded that the discharge he received was in
error or unjust. Applicant’s contentions are duly noted; however, we
agree with the opinion and recommendation of the Air Force 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 compelling 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 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 Docket Number 02-
01267 in Executive Session on 17 September 2002, under the provisions
of AFI 36-2603:
Ms. Olga M. Crerar, Panel Chair
Mr. Billy C. Baxter, Member
Mr. Clarence D. Long III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Mar 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLSA/JAJM, dated 29 Jul 02.
Exhibit D. Letter, SAF/MRBR, dated 9 Aug 02.
OLGA M. CRERAR
Panel Chair
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