RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02681
            INDEX NUMBER:  110.00
      XXXXXXXXXXXXXX   COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

____________________________________________________________

APPLICANT REQUESTS THAT:

His Bad Conduct Discharge (BCD) be upgraded to honorable.

____________________________________________________________

APPLICANT CONTENDS THAT:

His discharge was inequitable because  it  was  based  on  approximately  6
months of service out of 14 years of active service  without  any  problems
prior to a tour of duty he served in the Philippines.

He was part of a 25-man team that packed and closed out operations at Clark
Air Base.  After he returned to the states, he had depression  and  stress-
related problems that were very noticeable and  played  a  direct  part  in
problems with drug and alcohol abuse.

In support of his request, applicant has provided character references  and
extracts from his medical records.

The applicant’s complete submission, with attachments, is at Exhibit A.

____________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Air Force on 16 Apr 79.  He was  promoted  up  to
the  grade  of  staff  sergeant  (E-5).   A  resume   of   the   last   ten
Enlisted/Airman Performance Reports (EPRs) (APRs) follows:

      Closeout Date                     Overall Rating

        15 Apr 83                            9
        15 Apr 84                            9
        15 Apr 85                            9
        15 Apr 86                            9
        15 Apr 87                            9
        18 Dec 87                            9
        18 Dec 88                            9
        18 Dec 89                            9
       *18 Dec 90                            5
        19 Nov 91                            4
        19 Nov 92                            5

*  First report under EPR system.  Max rating is 5.

On 19 May 93, while serving in the grade of SSgt, applicant  was  tried  by
special court-martial for two offenses in violation of Article  112a.   The
applicant was found guilty of wrongfully possessing some cocaine and  found
not guilty of wrongfully using cocaine.  He was sentenced to a bad  conduct
discharge, reduction to the grade of airman basic (E-1), and  three  months
confinement.  The applicant was discharged on 1 Jul 95 with a BCD.

Additional relevant facts pertaining to this  case  are  contained  in  the
evaluation prepared by the appropriate offices of the Air  Force  found  at
Exhibits C and D.

____________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial of the applicant’s request.

The applicant was discharged with  a  Bad  Conduct  Discharge  for  cocaine
possession and use.  Prior to his conviction, there was no evidence in  the
service medical record of any mental  illness  or  symptoms  suggestive  of
mental illness.  His Enlisted Performance Report for the period of  a  year
after  returning  from  the  Philippines  and  just  prior  to  his   legal
difficulties reflected excellent duty performance.   Following  his  court-
martial and discharge from the Air Force, the applicant continued to  abuse
drugs and  developed  symptoms  diagnosed  as  Bipolar  Disorder  and  Post
Traumatic Stress Disorder.  There is no evidence that mental illness caused
his cocaine possession and abuse  while  on  active  duty.   His  continued
cocaine, marijuana, and alcohol abuse after  discharge  may  in  fact  have
either caused  or  significantly  exacerbated  the  psychological  symptoms
leading to his varied diagnoses following discharge from the Air Force.

The complete evaluation is at Exhibit C.

AFPC/DPPRS recommends denial of the applicant’s  requests.   The  applicant
did not submit any new evidence or identify any errors or  injustices  that
occurred  in  the  discharge  processing.   He  provided  no  other   facts
warranting an upgrade of the discharge.

The complete evaluation is at Exhibit D.

____________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded primarily to the evaluation prepared  by  the  BCMR
Medical Consultant.  He asks that  the  Board  investigate  several  issues
covered in the evaluation.  The applicant requests that the Board  consider
the years that he served this country honorably, how long he  has  had  the
bad conduct discharge, his medals and citations, and his  medical  reports.
He also asks the Board  to  consider  upgrading  his  discharge  to  “under
honorable conditions” if it cannot upgrade it to honorable.

The applicant provides several letters of recommendation and  several  news
articles covering the events he was part of in the Philippines.

The applicant’s complete response, with attachments, is at Exhibit F.

____________________________________________________________

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,  the
majority of the Board agrees with the opinions and recommendations  of  the
Air Force offices of primary responsibility and adopts their  rationale  as
the basis for their conclusion that the applicant has not been  the  victim
of an error or injustice.  Therefore, in the absence  of  evidence  to  the
contrary, the  Board  majority  finds  no  compelling  basis  to  recommend
granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially  add  to
our understanding of the issues involved.  Therefore,  the  request  for  a
hearing is not favorably considered.

____________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of error  or  injustice
and recommends the application be denied.

____________________________________________________________
The following members of the Board considered  Docket  Number  02-02681  in
Executive Session on 18 March 2003 and 27 March 2003, under the  provisions
of AFI 36-2603:

      Mr. Philip Sheuerman, Panel Chair
      Ms. Carolyn B. Willis, Member
      Mr. James W. Russell, Member

By a majority vote, the Board  voted  to  deny  applicant’s  request.   Ms.
Willis voted to grant the applicant’s requests and has provided a  minority
report  found  at  Exhibit  G.   The  following  documentary  evidence  was
considered:

    Exhibit A.  DD Form 149, dated 17 Aug 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, BCMR Medical Consultant,
                dated 13 Jan 03.
    Exhibit D.  Memorandum, AFPC/DPPRS, dated 18 Feb 03.
    Exhibit E.  Letter, SAF/MRBR, dated 21 Feb 03.
    Exhibit F.  Letter, Applicant, dated 19 Mar 03, w/atchs.
    Exhibit G.  Minority Report, dated 7 Apr 03.




                                   PHILIP SHEUERMAN
                                   Panel Chair
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                 FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXXXX, XXX-XX-XXXX

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied.  I concur with that finding and their
conclusion that relief is not warranted.  Accordingly, I accept their
recommendation that the application be denied.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                 FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXXXXXXX, XXX-XX-XXXX


          In Executive Session on 18 March 2003 and 27 March  2003,  we
considered the applicant’s requests.  A majority of the Board voted  to
deny the applicant relief.  I disagree with their recommendation.

          The applicant’s records make a persuasive case that his  drug
and alcohol abuse were symptoms of post traumatic stress  syndrome  and
mental illness that were not diagnosed while serving  on  active  duty.
Since his service was otherwise  honorable,  his  discharge  should  be
upgraded.




                             CAROLYN B. WILLIS
                             Panel Member