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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