RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00617
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His type of discharge be corrected.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was a top-notch airman before he tested positive for  illegal  drug  use.
He served honorably for ten years, to include participation  in  the  Panama
and Gulf Wars.  He was going through a deep depression at the  time  of  his
discharge and did not receive proper treatment.  He was not  aware  that  he
could question this error.

In support of the application, the applicant submits his  application.   The
applicant's complete submission is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 29 December 1982  at  the
age of 18 in the grade of airman basic (E-1) for a  period  of  four  years.
He was progressively promoted to the grade of Staff Sergeant.

The  following  is  a  resume   of   Airman/Enlisted   Performance   Reports
(APR/EPRs), commencing with the report closing 18 August 1981.

      PERIOD ENDING    PROMOTION RECOMMENDATION

      28 December 1983       9
      8 January 1985         9
      31 August 1985         9
      30 June 1986 (SrA)          9
      30 June 1987 (Sgt)          9
      30 November 1987       9
      30 November 1988       9
      30 November 1989       5
      18 December 1990 (SSgt)           5
      29 January 1992        2
Information provided by the  Air  Force  office  of  primary  responsibility
indicates pursuant to his plea  of  guilty,  the  applicant  was  tried  and
convicted of drug use (cocaine) by a general court-martial on 28-29  January
1992.  His sentence included a reduction to E-1 (airman basic),  confinement
for three months, and a bad  conduct  discharge.   The  convening  authority
approved his sentence as adjudged.  On  18  December  1992,  the  Air  Force
Court of Military Review approved and affirmed the findings  of  guilty  and
the sentence.  The final order was promulgated on 9 April 1993, and the  bad
conduct discharge executed on 8 December 1993.

On 8 December  1993,  the  applicant  was  discharged  with  a  bad  conduct
discharge.  He had served 10 years, 11 months, and 11 days on  active  duty.
He had 75 days of lost time due to confinement.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

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AIR FORCE EVALUATION:

AFLSA/JAJM recommends denial.  JAJM states the applicant  does  not  specify
what relief he is seeking, but appears  to  be  requesting  removal  of  his
court-martial conviction, which is not an available remedy.  JAJM notes  the
applicant’s contention that a specific error  occurred  which  requires  the
correction of his court-martial, but there is no indication  in  the  record
of such an error.   The  military  judge  specifically  discussed  with  the
applicant his military record, including service  in  two  wars,  and  noted
that but for the applicant’s good prior personal and  military  record,  his
sentence would have been very different.   In  other  words,  the  applicant
already received credit for his military record.   The  sentence  given  the
applicant was well within the legal limits and  was  appropriate  punishment
for the offense committed.

In addition to the above, JAJM noted that the Board is not empowered to set-
aside or reverse the findings of guilty  by  a  court-martial.   Rather,  in
accordance with Title 10, United States Code, Section  1552(f),  actions  by
this Board are limited to corrections  to  the  record  to  reflect  actions
taken by the reviewing officials and action on the sentence  of  the  court-
martial for the purpose of clemency.  JAJM  does  not  believe  there  is  a
basis for any relief as to the sentence of the military court in this case.

JAJM’s evaluation is at Exhibit C.

_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  evaluation  was  forwarded  to  the  applicant  for
review and comment.  As of this date, this office has received  no  response
(Exhibit D).

_________________________________________________________________

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 an error or injustice.  We are not persuaded  by  the  evidence
presented that  the  separation  characterization  received  by  the  former
member should be changed.  The former member's discharge was  based  on  his
trial and conviction by a general court-martial.   While  law  precludes  us
from reversing a court-martial conviction, we are authorized to correct  the
records to reflect actions taken by reviewing officials and to  take  action
on the sentence of a military court based on clemency.  There is nothing  in
the available record that would cause us  to  disturb  the  actions  of  the
reviewing officials or to warrant a  correction  of  his  records  based  on
clemency.  In the absence of such evidence, 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  of  newly  discovered  relevant
evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered in  Executive  Session  on  30
September 2004, under the provisions of AFI 36-2603:

      Mr. Edward H. Parker, Panel Chair
      Ms. Deborah A. Erickson, Member
      Ms. Janet I. Hassan, Member



The following documentary evidence was considered in connection with  Docket
Number BC-2004-00617:

    Exhibit A.  DD Form 149, dated Apr 6, 2004.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFLSA/JAJM, dated 21 May 2004.
    Exhibit D.  Letter, SAF/MRBR, dated 28 May 04.




                                   EDWARD H. PARKER
                                   Panel Chair