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AF | BCMR | CY2004 | BC-2003-03809
Original file (BC-2003-03809.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03809

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct  discharge  (BCD)  be  upgraded  in  order  to  receive  any
benefits entitled.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was convicted based on weak circumstantial evidence.  He had  a  military
appointed attorney whom he briefly met and spoke to him about his  case  for
five minutes, maybe  10.   The  court  transcript  shows  that  the  accuser
contradicted him self and his attorney never made an attempt to  attack  the
credibility of the main witness (accuser)-Mr. H, whom it had  recently  been
proven, was a  cocaine  user.   The  accuser  was  being  forced  to  create
situations for the AFOSI.  This was the only way  Mr.  H__  was  allowed  to
extend or reenlist.

In support of his request, applicant provided a copy of DD Form 214.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in  the  Regular  Air  Force  on  23  May  1980  and  was
progressively promoted to the grade of airman first class.  He was tried  by
a special court-martial and separated with a bad  conduct  discharge  (BCD).
He served 3 years, 4 months and 19 days of total active military service.

On  15  September  1982,  he  was  tried  by  a  special  court-martial  for
wrongfully transferring a quantity of Lysergic Acid Diethyl amide (LSD),  in
violation of Article 92, UCMJ.  Applicant pleaded not guilty to the  charge.


The applicant was found guilty and sentenced to a BCD, confinement  at  hard
labor for three months, forfeiture of $367.00 per month for  one  month  and
reduction to the grade of airman basic.

On 7 November 1983, the Air Force Court  of  Military  Review  reviewed  the
court-martial and affirmed the findings and sentence.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended  denial  and  stated  that  there  was  no  error  or
injustice that occurred in the processing of this discharge  action.   Based
upon the documentation in  file,  the  discharge  was  consistent  with  the
procedural and substantive requirements of the  discharge  regulation.   The
discharge was  within  the  discretion  of  the  discharge  authority.   The
applicant has not  submitted  any  evidence  or  identified  any  errors  or
injustices that occurred in the discharge processing.  He provided no  facts
warranting an upgrade of the discharge.

AFPC/DPPRS complete evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 19 December 2003, for review and comment within  30  days.   As  of  this
date, no response has been received by this office.

_________________________________________________________________

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 an error or injustice that would  warrant  an  upgrade  of  his
discharge.  We agree with the opinion and recommendation of  the  Air  Force
office of primary responsibility and adopt their rationale as the basis  for
our conclusion that he has not been the victim of  an  error  or  injustice.
Evidence has not been provided which would  lead  us  to  believe  that  the
action taken to affect his discharge from the  Air  Force  was  improper  or
contrary to the provisions of the governing regulations  at  the  time;  or,
that the characterization of his service was based  on  factors  other  than
his own misconduct.  Therefore, based on the available evidence  of  record,
we find no compelling basis upon which  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.

_________________________________________________________________

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-2003-03809
in Executive Session on January 20, 2004, under the provisions  of  AFI  36-
2603:

                       Mr. Robert S. Boyd, Panel Chair
                       Ms. Jean A. Reynolds, Member
                       Ms. Carolyn G. Willis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Nov 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 3 Dec 03.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.




                                   ROBERT S. BOYD
                                   Panel Chair

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