RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2003-02123
            INDEX CODE 106.00
            COUNSEL:  None

            HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His 1978 bad conduct discharge (BCD) be upgraded to honorable.

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APPLICANT CONTENDS THAT:

The applicant provides no contentions other than he  wants  copies  of
his records and his discharge upgraded so  he  can  apply  for  Social
Security/medical assistance.

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


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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 18 Nov 74  and  was
promoted to the grade of airman first class with a date of rank of  10
Dec 74.

On 8 Oct 75, he was tried at a general court-martial at Lackland  AFB,
TX, for several specifications of wrongful sale to  other  airmen  and
possession, both on and off-base, of a dangerous drug, phentermine  (a
controlled substance related to the amphetamine class of drugs used to
treat obesity and commonly known as “anorectics”  or  “anorexigenics,”
having possible  adverse  reactions  in  the  cardiovascular,  central
nervous and gastrointestinal systems) during the months of Mar-Apr 75.
Further, the applicant was charged with selling marijuana at  Lackland
AFB around 16 Jul 75 and being absent without leave  (AWOL)  from  his
unit during the period 4-18 Aug 75. The applicant pled guilty and  was
found guilty of all  specifications  and  charges.  His  sentence  was
discharge from the service with a BCD, confinement to hard  labor  for
22 months, forfeiture of pay/allowances, and reduction to  the  lowest
enlisted grade. The sentence was adjudged on 8 Oct 75.

A 15 Nov 74 Duty Status Change (AF Form 2098) reported that on  17 Oct
74,  the  applicant’s  status  changed  from  present  for   duty   to
confinement in the Bexar County Jail, San Antonio, TX, because he  was
charged with delivery of LSD. He was returned to the  custody  of  the
squadron first sergeant on 5 Nov 74 pending trial.

On 10 Nov  75,  pursuant  to  a  pre-trial  agreement,  the  convening
authority approved only so much of the sentence as provided for a BCD,
confinement for 16 months, forfeiture of $255 pay  per  month  for  18
months, and reduction to airman basic.

Following the appellate process, two  specifications  were  dismissed,
the remaining  offenses  were  affirmed,  and  the  applicant’s  final
modified sentence provided for a BCD,  eight  months  of  confinement,
forfeiture of $240 pay per month for  ten  months,  and  reduction  to
airman basic.

The applicant was separated on 8 Jun 78 with 3 years, 6 months and  21
days of active service and 343 days of lost time. The  applicant’s  DD
Form 214 indicates  an  under-other-than-honorable-conditions  (UOTHC)
characterization of service and that he was issued  a  DD  Form  259AF
certificate. According to AFM 39-12(C7), 25 Mar 74, if  the  discharge
is given by special or general court-martial and the  characterization
is UOTHC, then the type of certificate for a bad conduct discharge  is
a DD Form 259AF.

On 11 Aug 03, pursuant to  the  applicant’s  request,  HQ  AFPC/DPSAMP
forwarded him copies of  his  medical,  discharge  and  courts-martial
records. He was also advised where to obtain his pay records.

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AIR FORCE EVALUATION:

AFLSA/JAJM  asserts  there  is  no  legal  basis  for  upgrading   the
applicant’s discharge and, while clemency is an option,  there  is  no
reason for the Board to exercise clemency in this  case.  He  admitted
his guilt and his bad conduct was clearly prejudicial  to  good  order
and discipline. To the further discredit of his military service,  the
applicant was  independently  convicted  by  civilian  authorities  of
another drug offense (delivery of LSD) while his court-martial  appeal
was pending. He was granted a reduction in his  adjudged  sentence  by
the convening authority and  a  further  reduction  by  the  Court  of
Military Review. The applicant was  afforded  all  rights  granted  by
statute  and  regulation  and  has  already  received  a   substantial
reduction in his sentence, which was well within the legal limits  and
appropriate for the offenses committed. The applicant  did  not  serve
his enlistment  honorably  and  it  would  be  unjust  to  change  his
characterization to one  that  thousands  of  airmen,  who  did  serve
honorably, also carry. Denial is recommended.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 10 Oct 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. After a thorough  review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded that his BCD should be upgraded. The applicant has not shown
that his  punitive  discharge  was  unsupported  by  his  own  serious
misconduct or that he was denied any rights to which he was  entitled.
Further, he has not submitted any evidence demonstrating he  became  a
productive and respectable member of society after his discharge.  The
applicant received a substantial reduction in his sentence through the
appellate process and we find no grounds for bestowing any  additional
relief on the basis of error,  injustice  or  clemency.  We  therefore
agree with the rationale and recommendations of the Air Force that the
applicant has not sustained his burden of having  suffered  either  an
error or an injustice. In view of  the  above  and  absent  persuasive
evidence to the contrary, we conclude the applicant’s  request  should
be denied.

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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.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 20 November 2003 under the provisions of AFI  36-
2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Kathleen F. Graham, Member
                 Mr. Albert C. Ellett, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2003-02123 was considered:

   Exhibit A.  DD Form 149, dated 20 Jul 03, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFLSA/JAJM, dated 26 Sep 03.
   Exhibit D.  Letter, SAF/MRBR, dated 10 Oct 03.




                                   RICHARD A. PETERSON
                                   Panel Chair