RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03093
            INDEX CODE:  110.10
            COUNSEL:  NONE

            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be  upgraded  to  general  (under  honorable
conditions).

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APPLICANT CONTENDS THAT:

He tested positive for the use of cocaine during a random drug test and  was
court-martialed and discharged with a BCD.  He did  not  inform  the  court-
martial members that at the time he was suffering  from  depression  because
of his marital status.  Nor did he inform them that  he  had  spent  several
months in a mental health ward recovering from  depression.   Subsequent  to
his discharge, he was divorced and found a good job.  He has worked hard  to
get his life in order and has remarried.   He  has  progressed  through  the
ranks in his company  and  has  learned  from  his  past  mistakes.   He  is
currently actively pursuing  his  bachelor's  degree.   He  is  planning  on
progressing further with his career and fears the BCD  will  interfere  with
his endeavors.

In  support  of  his  request,  applicant  provided  a  personal  statement,
character  references,  and  a  copy  of  his  transcript.    His   complete
submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant  enlisted  in  the  Regular  Air  Force  on  3  Jan  85  and   was
progressively promoted to the grade of airman first class.

In December 1986, he was tried by a general court-martial for  wrongful  use
of cocaine.  He plead guilty to the charge and the sentence adjudged  on  13
Feb 87 was a BCD, confinement for 5 months, and reduction to  the  grade  of
airman basic.  The convening authority changed his confinement to  a  period
of 4 months and approved  the  remaining  portions  of  the  sentence.   The
United States Air Force Court of Military Review affirmed  the  findings  of
guilty and the sentence on 1 Jul 87.  The applicant  was  discharged  on  21
Jan 88.  He served 2 years, 9 months, and 7 days on active duty.

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AIR FORCE EVALUATION:

ALSA/JAJM recommends denial of the applicant's request.   JAJM  states  that
the application is made 15 years after his conviction and should  be  denied
as untimely.  If the Board decides to consider the case on its merits,  then
denial  is  recommended.   There  is  no  legal  basis  for  upgrading   his
discharge.  The appropriateness of the  sentence  is  a  matter  within  the
discretion of the court-martial  and  may  be  mitigated  by  the  convening
authority or within the course of the appellate process.   He  was  assisted
by counsel and presented extenuating and mitigating matters  in  their  most
favorable light  to  the  court  and  convening  authority.   Thus,  he  was
afforded all the rights granted by statute and regulation.  He  provides  no
rationale to mitigate the approved punitive discharge.

He used cocaine when he was aware that it was illegal.  He was tried in  the
appropriate forum and the sentence was appropriate and was well  within  the
legal limits for the offenses  committed.   While  clemency  in  an  option,
there is no reason for the Board to exercise clemency in this case.  He  did
not serve his enlistment honorably.   It  would  be  unjust  to  change  his
characterization of service to one that hundreds  of  thousands  of  airmen,
who have served honorably, also carry.  His depression  resulting  from  his
marital status was unfortunate but does not justify  his  criminal  behavior
during his enlistment, which appropriately ended with a  BCD.   He  presents
insufficient  evidence  to  warrant  upgrading  his  discharge.   The   JAJM
evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 17  Jan
03 for review and comment within 30 days.  As of this date, this office  has
received no response.

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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.   We  took  notice  of  the  applicant's
complete submission in judging the  merits  of  the  case.   However,  after
thorough review of the evidence of  record,  it  is  our  opinion  that  the
comments of the office of the Judge Advocate General are  supported  by  the
evidence of record.  We find no evidence of error in  this  case  and  after
thoroughly reviewing the applicant's submission, we do not  believe  he  has
suffered from an injustice.  We considered upgrading his  discharge  on  the
basis of clemency; however, due  to  the  serious  nature  of  the  offenses
committed, in the short period of time in which he served, we  believe  that
the characterization of his discharge was proper and in compliance with  the
appropriate directives.  In  the  absence  of  persuasive  evidence  to  the
contrary,  we  find  no  basis  upon  which  to  favorably   consider   this
application.

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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.

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The following members of the Board considered  Docket  Number  BC-2002-03093
in Executive Session on 27 Mar 03, under the provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. Rita J. Maldanado, Member
      Mr. Laurence M. Groner, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Aug 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFLSA/JAJM, dated 27 Dec 02.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Jan 03.




                                   RICHARD A. PETERSON
                                   Panel Chair