RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  02-03833
                                        INDEX CODE:  110.02
                                        COUNSEL:  NONE

                                        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge be upgraded to general.

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APPLICANT CONTENDS THAT:

The punishment was very harsh for his seven and a half  years  of  honorable
service.  He received a bad  conduct  discharge,  reduction  to  E-1  and  6
months of confinement.  He was never offered any kind of  rehabilitation  or
help  for  his  problem.   As  a  first-time  offender,  his  discharge  was
inequitable.  He loved the military and really enjoyed serving his  country.
 He has no resentment against the Air Force and  understands  that  the  Air
Force has very high standards to uphold.  He owns his  own  home,  is  self-
employed and leads a very simple life in Rhode Island.

Applicant’s provides a personal statement.  His complete  submission  is  at
Exhibit A.

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STATEMENT OF FACTS:

The applicant’s military personnel records are  incomplete.   The  following
is the  only  information  available  pertaining  to  his  service.   On  24
February 1978, the  applicant  contracted  his  initial  enlistment  in  the
Regular Air Force.  Prior to the events under review, he  was  progressively
promoted to the grade of staff sergeant (E-5), effective and with a date  of
rank  of  1  September  1984.   He  continued  to  enlist  with   his   last
reenlistment occurring on 12 July 1985, for a period of 6 years.

On 13 October 1988, contrary to his plea, a general court-martial found  the
applicant guilty of wrongful use of cocaine on or about 22 March  1988.   He
was sentenced to be discharged with a bad conduct discharge, confined for  6
months, and reduced  to  the  grade  of  airman  basic.   The  sentence  was
approved by the convening authority on 23  November  1988  and  affirmed  on
27 February 1990.

On  31  March  1993,  the  applicant  was  discharged  with  a  bad  conduct
discharge.  He had served 14 years and 8 months on active duty.  The  period
13 October 1988 to 19 March 1989 was time  lost  due  to  confinement.   The
applicant was thereafter in excess leave status from 20  March  1989  to  31
March 1993.

The remaining relevant facts pertaining  to  applicant’s  court-martial  and
non-judicial punishments, extracted from the applicant’s  military  records,
are contained in the letter prepared by the appropriate office  of  the  Air
Force at Exhibit C.

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AIR FORCE EVALUATION:

AFLSA/JAJM recommends the application  be  denied.   JAJM  states  that  the
maximum punishment for the offenses of which the applicant was found  guilty
was a dishonorable discharge, confinement for 5 years, total  forfeiture  of
all  pay  and  allowances,  and  reduction  to  airman  basic.   As  a  non-
commissioned officer, the applicant had a duty to serve  as  an  example  to
airmen of lesser rank.  Clemency should only be granted when  the  applicant
has demonstrated that the degree of punishment in relation to the crime  was
a clear  injustice.   JAJM  states  he  has  made  no  showing.   AFLSA/JAJM
evaluation is at Exhibit C.

The AFPC/DPPRS evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 March 2003, a copy of the Air Force evaluation was  forwarded  to  the
applicant for review and  response.   As  of  this  date,  this  office  had
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.  After thoroughly  reviewing  the  evidence
of record, we find no evidence to show that the applicant’s discharge  as  a
result of his conviction by  court-martial  was  erroneous  or  unjust.   We
believe  his  wrongful  use  of  cocaine  coupled  with  his  status  as   a
noncommissioned  officer,  supported   the   service   characterization   he
received.  While the applicant believes a bad conduct  discharge  was  harsh
based on the fact he was a first-time offender, we note  that  the  approved
sentence of the military court was within the maximum punishment  authorized
by the Uniform Code of Military  Justice  for  the  offense  for  which  the
applicant was convicted.  In this regard, we are in complete agreement  with
the assessment of the Air Force office of primary responsibility  concerning
sentence in this case.  In view of the above the absence of evidence by  the
applicant attesting to a successful post-service  adjustment  in  the  years
after his discharge, we are not inclined to extend clemency  in  this  case.
In view of the foregoing, we conclude that  no  basis  exists  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 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 14 May 2003, under the provisions of AFI 36-2603:

      Ms. Brenda L. Romine, Panel Chair
      Ms. Barbara J. White-Olson, Member
      Mr. David W. Mulgrew, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 December 2002 w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFLSA/JAJM, undated.
    Exhibit D.  Letter, SAF/MRBR, dated 14 March 2003.





                                   BRENDA L. ROMINE
                                   Panel Chair