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AF | BCMR | CY2003 | BC-2002-02904
Original file (BC-2002-02904.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-02904
            INDEX CODE:  110.10
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be changed to reflect that he was  honorably
discharged for medical reasons in the grade of sergeant.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes the Air Force really did not understand heroin addiction at  the
time.  His drug addiction started in Vietnam and continued when he  returned
to the states.  His addiction got worse and then he was  charged  with  drug
abuse and escape from a military facility.  He  finally  got  help  for  his
addiction 2 years ago and has been drug and alcohol free for  the  past  two
years.  Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant  enlisted  in  the  Regular  Air  Force  on  21  Apr  69  and  was
progressively promoted to the grade of sergeant.

In August 1972 he was tried by a general court-martial for  a  specification
of escape from confinement and a specification  of  wrongful  possession  of
heroin.  He plead not guilty to both charges and was found guilty  of  both.
Sentence adjudged on 30 Aug 72 was a BCD, confinement at hard  labor  for  6
months, forfeiture of all pay and allowances, and reduction to the grade  of
airman basic.  The convening authority changed his forfeiture  to  $144  per
month for 6 months, and approved the remaining  portions  of  the  sentence.
The applicant was discharged on 6 Jul 73.  He served 6 years, 4 months,  and
2 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

ALSA/JAJM recommends denial of the applicant's request.   JAJM  states  that
the application 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  was  afforded  all  the  rights
granted by statute and regulation.  He provides  no  rationale  to  mitigate
the approved punitive discharge.

He was suspected of being under the  influence  of  a  controlled  substance
while on duty.  He was searched and heroin was found on his person.  He  was
confined and escaped from confinement.  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  is  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 improved conduct does not  erase
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.

_________________________________________________________________

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.

_________________________________________________________________

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   are   not   persuaded   by   his
uncorroborated assertions that the actions taken against him were  improper,
contrary to the provisions of the governing  regulations,  or  that  he  was
denied rights to which he was entitled.  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.  Therefore, based on the available evidence of  record,  we  find
no basis upon which to favorably consider 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  BC-2002-02904
in Executive Session on 27 Mar 03, under the provisions of AFI 36-2603:

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

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Sep 02, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFLSA/JAJM, dated 26 Dec 02.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Jan 03.




                                   RICHARD A. PETERSON
                                   Panel Chair

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