RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-00066
                                             INDEX CODE:  131.05
                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO
___________________________________________________________________

APPLICANT REQUESTS THAT:

He be restored to the grade of Master Sergeant (E-7).
___________________________________________________________________

APPLICANT CONTENDS THAT:

He decided to retire in January 1993 after completing 20 years  of  military
service.  In April 1993, he was randomly  selected  for  a  drug  urinalysis
test that indicated the presence of cocaine.

His responsibilities as command equipment manager included the  acquisition,
distribution and transfer of five hundred  million  dollars  worth  of  A-10
aircraft support equipment, and attending site surveys.  His  knowledge  and
job performance allowed him to continue in his normal duties.  He was  tried
and convicted by a military judge, reduced to the  rank  of  senior  airman,
and served three months of jail time.  He retired  in  February  1994.   His
wife of 20 years divorced him; he was mentally drained and could not  handle
his personal responsibilities.  His monthly income is minimal, and  he  owes
$8,000.00 in child support.

In May 1995, he relocated to Greenville, South  Carolina,  to  work  for  an
independent aircraft maintenance contractor for  one  year.   However,  this
position terminated after three months, and he worked in a series  of  other
positions until he returned to  his  home  of  record  in  New  Jersey.   He
currently works for a tractor-trailer company as  a  welder  for  $13.00  an
hour.

His military attorney had told him that he would have to wait 30  years  (20
years of active duty plus 10 years of inactive reserve)  to  have  his  rank
restored, and there was no guarantee his rank would be restored.

He served in the military for over twenty years, and is proud to  have  been
a part of the greatest military organization in the world.   His  dedication
to  country  and  commands  is  reflected  in   his   performance   reports,
decorations, and professional military education.

In support of his request, the applicant has submitted a personal  statement
and his separation document.   The  applicant’s  complete  submission,  with
attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:

On 30 July 1973, the applicant enlisted in the Regular Air Force at the  age
of 18 in the grade of  airman  basic  for  a  period  of  four  years.   The
applicant was  progressively  promoted  to  the  rank  of  master  sergeant,
effective and with a date of rank of 1 December 1989.  The  following  is  a
resume of his Enlisted  Performance  Reports  (EPRs),  commencing  with  the
report closing 1 January 1985.

      PERIOD ENDING    PROMOTION RECOMMENDATION

            1 Jan 1985 (TSgt)           9
            1 Jan 1986       9
            1 Jan 1987       9
            1 Jan 1988       9
            1 Jan 1989       9
            1 Jan 1990 (MSgt)           5
      17 May 1990            5
      20 Apr 1991            5
      20 Apr 1992            5
      20 Apr 1993            5

Information provided by the  Air  Force  office  of  primary  responsibility
indicates that the applicant was charged with wrongful use of cocaine  based
on a positive urinalysis and the charge was referred  for  trial  by  court-
martial on 7 September 1993.  The applicant was tried before a judge  alone,
pled guilty to, and was  found  guilty  of,  the  charge  and  specification
excepting the words “on divers occasions.”  The  applicant  entered  into  a
pretrial agreement pursuant to which the convening authority agreed  not  to
approve that part of a sentence of confinement longer  than  12  months  and
agreed not to approve a  reduction  lower  than  senior  airman  (E-4).   On
20 October 1993, the court sentenced the applicant to confinement  for  four
months, forfeiture of $200 pay per month for four months, and  reduction  to
the grade of E-4.  On 28 December 1993,  the  convening  authority  approved
the sentence, as adjudged.

On 23 February 1994, the Secretary of the  Air  Force  determined  that  the
applicant should not be advanced to any grade higher than senior airman  (E-
4) on the retired list under the  provisions  of  Section  8964,  Title  10,
United States Code.  The applicant retired effective  28  February  1994  in
the grade of senior airman.  He had served 20 years, 3 months  and  20  days
on active duty.
___________________________________________________________________

AIR FORCE EVALUATION:

AFLSA/JAJM recommends denial.  It is JAJM’s opinion that there is  no  legal
basis for restoring the applicant’s rank.  There was no error  or  injustice
related to the prosecution.  The basic facts of the applicant’s  crimes  are
detailed in the record of trial.  Essentially, the applicant was watching  a
basketball game on television with two friends while snacking  and  drinking
beer.  One of his friends went out to buy more beer and  came  back  with  a
baggie containing what the  applicant  admits  he  knew  was  cocaine.   The
friend placed three lines of cocaine on a table in front of  the  applicant,
and  he  voluntarily  ingested  the  narcotic.   His  subsequent  urinalysis
established the presence of cocaine in his system at a level well above  the
legal limit.

JAJM states there was no error or injustice related to  the  sentence.   The
applicant was tried in the appropriate  forum  (general  court-martial),  in
accordance with the offense.  The  maximum  punishment  authorized  for  the
offence for which the applicant was convicted was a dishonorable  discharge,
confinement  for  5  years,  forfeiture  of  all  pay  and  allowances,  and
reduction to the grade of airman basic.  The sentence  given  the  applicant
was well within the legal limits and  was  appropriate  punishment  for  the
offense committed.  The  applicant  had  the  assistance  of  counsel.   The
applicant’s sentence was significantly less  severe  than  the  sentence  he
agreed to accept as part of the pretrial agreement.  The applicant  provides
no compelling rationale to mitigate the  approved  sentence.   Although  the
applicant’s service prior to his cocaine use may have been exemplary,  there
is more expected of a military member than doing a  great  job.   Air  Force
members must adhere to established standards, and the  applicant  failed  to
do so.  JAJM  opinions  the  applicant  presents  insufficient  evidence  to
warrant the relief he requests.  A complete  copy  of  the  JAJM’s  advisory
opinion is at Exhibit C.

AFPC/DPPPWB deferred to JAJM’s recommendation.  A complete copy of  DPPPWB’s
advisory opinion is at Exhibit D.
___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his letter dated 26 April 2004, the applicant  notes  JAJM’s  mention  of
his exemplary record, and states that he adhered to  Air  Force  regulations
and standards to the utmost of his ability.  He is of the  opinion  that  he
was doing more for his country than merely a good job,  which  is  reflected
by  his  enlisted  performance  reports,   awards   and   decorations,   and
professional military education.   He  honestly  does  not  believe  he  was
represented fairly by his military appointed lawyer, or that he was given  a
fair sentence (see Exhibit F).
___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or
regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  In essence, the  applicant  is  contending
that his retirement in the grade of senior airman is  unjust  when  balanced
against the quality of his entire  career.   The  applicant’s  reduction  in
grade had its basis in his trial and conviction by  a  military  court.   We
believe it should be noted  that  a  substantially  harsher  punishment  was
authorized under the UCMJ for the  offense  of  which  the  applicant  stood
convicted.  Notwithstanding  the  applicant’s  otherwise  excellent  service
record, we do not find the available records and the evidence  submitted  by
the applicant sufficient to establish he was the victim of an  error  or  an
injustice warranting further action on his approved  court-martial  sentence
based on clemency.  In view of the  above  and  absent  information  by  the
applicant leading us to believe the determination prior  to  his  retirement
that he had not served satisfactorily in a grade higher than  senior  airman
represents an abuse of discretionary authority, the applicant’s  request  is
not favorably considered.
___________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable material error or injustice; that the  application
was denied without a personal appearance;  and  that  the  application  will
only be reconsidered upon the submission.
___________________________________________________________________

The following members of the Board considered this application in Executive
Session on 27 May 2004, under the provisions of AFI 36-2603:

                 Mr. Gregory H. Petkoff, Panel Chair
                 Ms. Kathleen F. Graham, Panel Member
                 Mr. Michael J. Novel, Panel Member

The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2004-00066.

      Exhibit A.  DD Form 149, dated 27 Jan 04, with attachments.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, AFLSA/JAJM, dated 12 Mar 04.
      Exhibit D.  Letter, AFPC/DPPPWB, dated 24 Mar 04.
      Exhibit E.  Letter, SAF/MRBR, dated 2 Apr 04.



      GREGORY H. PETKOFF
      Panel Chair