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AF | BCMR | CY2004 | BC-2004-01530
Original file (BC-2004-01530.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBERS:  BC-2004-01530
            INDEX CODE 106.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 2003 Bad Conduct Discharge (BCD) be upgraded to general.

_________________________________________________________________

APPLICANT CONTENDS THAT:

A job offer in the security field was retracted due to  the  BCD.  The
job would help him get back on his feet and help his future. He  would
like a second chance to help and protect others.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 29 Dec 98  and  was
assigned to the 1st Component Repair Squadron at Langley AFB, VA, as a
jet engine apprentice.

On 28 Aug 00, the applicant received  a  referral  Airman  Performance
Report (APR) for the period 29 Dec 98 through 28 Aug 00. He was  given
an overall rating of “1” (Not Recommended for Promotion)  for  failing
to meet minimum  standards,  unacceptable  on/off  duty  conduct,  and
ineffective leadership. The rater commented the applicant  continually
displayed  misconduct  and  lapses  in  judgment  despite  counseling,
intervention, Letters  of  Reprimand  (LOR),  Unfavorable  Information
File/Control Roster (UIF/CR) action, and civil  convictions.  Further,
the applicant was insubordinate towards his immediate  supervisor  and
failed to  supervise  a  civilian  minor  under  his  sponsorship  who
reportedly consumed alcohol.  The  applicant  consumed  alcohol  while
underage and was cited for driving a vehicle without a valid  driver’s
license.  The  applicant  rebutted  the  rater’s  comments   but   the
additional rater concurred with the rater.

On 11 Jul 01, a general court-martial found the  applicant  guilty  of
using Ecstasy on divers occasions between, on, or about 1 May  00  and
18 Jul 00.  He was sentenced  to  a  BCD,  confinement  for  15  days,
forfeiture of $695.00 pay per month for one month,  and  reduction  to
airman basic. The sentence was adjudged on 22 Mar 01,  and,  following
the appellate process, the sentence was affirmed on 6 Nov 02  and  the
BCD ordered executed.

The applicant was separated with a BCD on 25 Feb 03 in  the  grade  of
airman basic after 4 years, 1 month and 26 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFLSA/JAJM reminds the AFBCMR that  its  ability  to  correct  records
related to courts-martial is limited to changing the sentence  on  the
basis of clemency and that it cannot reverse, set aside, or  otherwise
expunge a court-martial conviction that occurred on  or  after  5  May
1950.   There  is  no  legal  basis  for  upgrading  the   applicant’s
discharge.  He  was  afforded  all  rights  granted  by  statute   and
regulation and he has failed to point to any legally sufficient reason
as to why the discharge should be upgraded. Clemency is not  warranted
in this case and the applicant’s request should be denied.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 23 Jul 04 for review and comment within 30 days.   As  of
this date, this office has received no response.

_________________________________________________________________

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.  After a thorough review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded his BCD should be upgraded. The applicant’s contentions  are
duly noted; however, we do not find these  uncorroborated  assertions,
in  and  by  themselves,  sufficiently  persuasive  to  override   the
rationale provided by AFLSA/JAJM.  We therefore  adopt  the  rationale
expressed as the basis for our decision 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 find no compelling basis to recommend granting the relief
sought.

_________________________________________________________________

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 21 October 2004 under the provisions of  AFI  36-
2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Deborah A. Erickson, Member
                 Ms. Kathleen F. Graham, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2004-01530 was considered:

   Exhibit A.  DD Form 149, dated 4 May 04, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFLSA/JAJM, dated 12 Jul 04.
   Exhibit D.  Letter, SAF/MRBR, dated 23 Jul 04.





                                   RICHARD A. PETERSON
                                   Panel Chair

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