RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01630

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be upgraded to general.

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APPLICANT CONTENDS THAT:

His last duty assignment  was  with  the  ---th  Organizational  Maintenance
Squadron and he has never applied for any upgrade until this time.

The applicant states that he has no idea who  W---  B---  is,  and  requests
this matter be reviewed.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular  Air  Force  on  19 June  1985  for  a
period of four years.  He was progressively promoted to the grade of  senior
airman (E-4).

He was  tried  by  a  general  court-martial  on  22  August  1989  for  two
specifications of wrongful distribution of marijuana, one  specification  of
wrongful  use  of  marijuana,  and  one  specification  of   conspiracy   to
distribute marijuana.  He pled not guilty to the charges and  specifications
and elected to have his case heard  by  a  military  judge.   He  was  found
guilty of all charges and specifications and was sentenced to be  discharged
with a bad conduct discharge, confinement  for  ten  months,  forfeiture  of
$466.00 pay per month for ten months, and reduction to the grade  of  airman
basic.  The sentence was adjudged on 23 August 1989.

He was in military confinement from 29 August 1989 through 2 May 1990.

The Air Force Court of Military Review affirmed the  findings  and  sentence
of the military judge.

On 30 September 1991, the United States Court of Military  Appeals  affirmed
the findings and sentence.

On 5 October 1992, the convening  authority  ordered  that  the  applicant’s
discharge be executed.

The applicant received a bad  conduct  discharge  on  8  January  1993.   He
completed 6 years, 8 months, and 16 days of  active  service  (excludes  247
days of lost time due to his confinement during the  period  29 August  1989
through 2 May 1990).

On 26 March 1996, applicant’s DD Form 214 was administratively corrected  to
change the narrative reason for discharge  to  Conviction  by  Court-Martial
(Other than Desertion).

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AIR FORCE EVALUATION:

AFLSA/JAJM recommends the application be denied and states,  in  part,  that
there is no evidence or even a claim that the applicant’s court-martial  was
improperly conducted.  The applicant was afforded all  the  rights  accorded
by law and did not serve honorably.  His request is insufficient to  warrant
to setting aside the bad conduct  discharge  and  does  not  demonstrate  an
equitable basis for relief.  He has provided no  evidence  of  an  error  or
injustice related to the sentence.  Therefore, there is no  reason  required
by law to grant the requested relief.

The AFLSA/JAJM evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states, in part, that there was  never  any  factual  evidence
brought against him, only the word of unreliable people.  In  addition,  the
transcripts and actual charges cannot be found.  He is a  35-year-old  male,
has two children, and would like to have some of the  benefits  returned  to
him that he has earned as a veteran.

The applicant also states that he is adding a letter of recommendation  from
his supervisor and acting plant manager; however, as of this  date,  a  copy
of the letter of recommendation has not been received by this office.

The applicant’s complete response is at Exhibit E.

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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.   The  comments  of  the  Associate  Chief,
Military Justice Division are supported by the evidence of record.  We  find
no evidence of error  in  this  case  and  after  thoroughly  reviewing  the
documentation that has been submitted in support of applicant's  appeal,  we
do not believe he has suffered from an injustice.  Therefore, based  on  the
available evidence of record, we find  no  basis  upon  which  to  favorably
consider this application.

4.    The applicant’s case file contains an undated  and  unsigned  DD  Form
293, Application for the Review of Discharge or  Dismissal  from  the  Armed
Forces of the United States, with his name, present  address,  and  date  of
discharge.  Attached to the DD Form 293 is a character reference for a  W---
E. B--- from the Mayor of Greendale, Missouri.  Since  the   letter   states
that Mr. W--- E.
B--- has lived for the four and one-half years prior to 16 October  1995  in
Greendale, Missouri, and the applicant’s return  address  as  of  3  October
1995 is listed on his application as  A---,  Pennsylvania,  it  appears  the
character reference refers to another individual and is not relevant to  the
consideration of 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  02-01630  in
Executive Session on 24 October 2002, under the provisions of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Carolyn B. Willis, Member
                 Ms. Cheryl Dare, Member



The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 May 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFLSA/JAJM, dated 29 Jul 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Aug 02.
      Exhibit E.  Letter, Applicant, dated 18 Aug 02.




                                   RICHARD A. PETERSON
                                   Panel Chair