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AF | BCMR | CY2004 | BC-1996-02552A
Original file (BC-1996-02552A.doc) Auto-classification: Denied

                             SECOND ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-1996-02552
                       INDEX CODE 106.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded to  honorable  or  general
(under honorable conditions).

_________________________________________________________________

STATEMENT OF FACTS:

On  28  Oct  97,  the  Board  considered  and  denied  an  application
pertaining to the applicant, in which he  requested  that  his  court-
martial conviction be overturned.  A complete copy of  the  Record  of
Proceedings (ROP) is attached at Exhibit G (with  Exhibits  A  through
E).

On 7 Jul 98, the Board considered and denied the  applicant’s  request
that his bad conduct discharge be upgraded to honorable.   A  complete
copy of the Addendum to Record of Proceedings (AROP)  is  attached  at
Exhibit H (with Exhibit F).

By application, undated, the applicant again requests that his BCD  be
upgraded to honorable.  He asks the board to review the record of  his
entire career and let the record speak for itself.   He  is  confident
the Board will find he has fulfilled his obligation to the  Air  Force
and his country and is entitled to all rights and  privileges  of  any
honorably discharged individual.

In  support  of  his  appeal,  the  applicant  provided  an   expanded
statement, certificates of training and achievement, and documentation
pertaining to his post-service employment, including  certificates  of
merit, performance award, and his evaluations.

Applicant’s complete submission, with attachments, is at Exhibit I.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

We have previously determined that the applicant’s BCD, which was  the
sentence he received following conviction by general court-martial for
unlawful  cocaine  use,  was  neither  improper  nor  excessive.   The
applicant’s latest submission has not persuaded us otherwise. Further,
we remain unconvinced that the seriousness of his misconduct has  been
overcome by his post-service activities. The  applicant’s  use  of  an
illegal  substance  breached  Air   Force   standards   of   behavior,
performance,  discipline  and  trust.   While   we   acknowledge   his
accomplishments since his discharge and encourage him to continue  his
efforts at rehabilitation and responsibility, we are not compelled  at
this time to upgrade his BCD to honorable or general on the  basis  of
clemency.

The documentation provided with this case was sufficient to  give  the
Board a clear understanding of the  issues  involved  and  a  personal
appearance, with or without legal counsel, would not  have  materially
added to that understanding.  Therefore, the request for a hearing  is
not favorably considered.

_________________________________________________________________

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 5 March 2004, under the  provisions  of  AFI  36-
2603:

                                             Mr.  Vaughn  E.  Schlunz,
Panel Chair
                                             Mr.  Joseph  G.  Diamond,
Member
                                             Ms. Ann-Cecile McDermott,
Member

The following documentary evidence relating to AFBCMR Docket Number BC-
1996-02552 was considered:

   Exhibit G.  ROP, dated 22 Jan 98, w/atchs.
   Exhibit H.  AROP, dated 7 Oct 98, w/atchs.
   Exhibit I.  DD Form 293, undated, w/atchs.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair

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