RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03143
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  18 APRIL 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  bad  conduct  discharge  be  upgraded  to   general   under   honorable
conditions.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged from military service 12  years  ago  and  has  made  many
changes in his life.  He would like  to  advance  his  career  and  his  bad
conduct discharge is holding him back.

No  supporting  documentation  was  submitted.   The  applicant's   complete
submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 11 January 1991, the applicant enlisted in the Regular Air force  at  the
age of 18 in the grade of airman basic (E-1) for a period of  6  years.   He
was progressively  promoted  to  the  grade  of  airman  first  class  (E-3)
effective and with a date of rank of 28 February 1991.

On  22  August  1991,  he  received  a  Letter  of  Reprimand   for   acting
inappropriately and being rude and disrespectful towards a  Non-Commissioned
Officer.  An Unfavorable Information File was established on the  applicant.


On 3 and 4 October 1991, he failed to go  at  the  time  prescribed  to  his
appointed place of duty.  For these incidents, he received  an  Article  15,
was reduced to the grade of airman (E-2)  and  was  assigned  fourteen  (14)
days of extra duty.

On 10 and 11 October 1991, he failed to go at the  time  prescribed  to  his
appointed place of duty.  For these incidents, he received  an  Article  15,
forfeited $150.00 pay and was assigned fourteen (14) days of extra duty.

On 15 October 1991, he received a Letter of Reprimand because he  failed  to
maintain adequate funds in his checking account, and two checks  written  to
the Base Exchange were returned for insufficient funds.

On 9 November 1991, he failed to go at the time prescribed to his  appointed
place of duty.  For this incident, he received an Article  15,  was  reduced
to the grade of airman basic (E-1) and forfeited $170.00 of his pay.

On 15 January 1992, he received a Letter of Reprimand because he  failed  to
obey an order from his commander.  On 22 January 1992, he received a  Letter
of Reprimand for drunk and disorderly conduct while in the dormitory.

Information provided by the  Air  Force  office  of  primary  responsibility
indicates on 24 March 1992 the applicant was tried and  convicted  before  a
judge alone general court-martial for use of cocaine, underage drinking  and
failure to go.  His sentence included one year  of  confinement,  forfeiture
of $200.00 pay per month for one year, and a  bad  conduct  discharge.   The
convening authority approved his sentence as adjudged.   On  23  June  1992,
the Air Force Court of Military Review approved and  affirmed  the  findings
of guilty and the sentence.  The final order was promulgated on 21 May  1993
and the bad conduct discharge was ordered into execution.

On 10 June 1993, the applicant was discharged with a bad conduct  discharge.
 He had served 1 year, 9 months, and 1 day.  He had 244 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).

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an  investigative  report  pertaining  to  the  applicant
(Identification Record No. 182539RA2, which is at Exhibit E.

_________________________________________________________________

AIR FORCE EVALUATION:

AFLSA/JAJM recommends denial.  JAJM states the applicant’s  contentions  are
untimely, without merit and constitute neither error  nor  injustice.   JAJM
notes the applicant is not contending that a  specific  error  has  occurred
which requires the correction of his court-martial record and  there  is  no
indication in the record of such  an  error.   JAJM  affirms  the  applicant
offered no mitigating circumstances in his defense, other than his  father’s
death a  week  before  the  court-martial  and  its  effect  upon  him,  his
immaturity, and his remorse that he had behaved irresponsibly.  Pursuant  to
a pretrial agreement he pled guilty to one specification of wrongful use  of
cocaine  on  diverse  occasions,  and   two   specifications   of   wrongful
consumption of alcohol while under the age of  21.   Although  he  pled  not
guilty to one specification of failure to go, the court found him guilty  of
that charge and specification as well.  JAJM notes the applicant’s  sentence
was below the pretrial agreement cap, which limits confinement to 16  months
or less.

In addition to the above, JAJM notes the Board’s ability to correct  records
related to courts-martial  is  limited.   Specifically,  Section  1552(f)(1)
permits the correction of a record to reflect  actions  taken  by  reviewing
authorities  under  the   Uniform   Code   of   Military   Justice   (UCMJ).
Additionally, Section 1551 (f)(2) permits the correction of records  related
to action on the sentence of courts-martial for  the  purpose  of  clemency.
Apart from these two limited exceptions, the effects of Section  1552(f)  is
that the AFBCMR is without authority to reverse,  set  aside,  or  otherwise
expunge a court-martial conviction that occurred on  or  after  5  May  1950
(the effective date of the UCMJ).  JAJM opines while clemency is an  option,
there is no reason for the Board to exercise clemency in  this  case.   JAJM
notes the applicant’s record of service  was  less  than  stellar,  and  his
chain of command judged his character of service prior to the  court-martial
to be poor.

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 on 21 January 2005.  On 2 February  2005,  the  applicant
was  invited  to  submit  information   pertaining   to   his   post-service
accomplishments.  On 8 February 2005,  a  copy  of  the  Federal  Bureau  of
Investigations (FBI) report was forwarded to  the  applicant.   As  of  this
date, this office has received no response to any  of  the  before-mentioned
correspondence (Exhibit D).

_________________________________________________________________

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 probable error or injustice.  After  careful  consideration  of
the available evidence, we found no indication that  the  actions  taken  to
effect his discharge were improper or contrary  to  the  provisions  of  the
governing regulations in effect at the time.  In addition, in  view  of  the
contents of the FBI Identification Record we  are  not  persuaded  that  the
characterization  of  the  applicant’s  discharge  warrants  an  upgrade  to
honorable on the basis of clemency.  Having  found  no  error  or  injustice
with regard to the actions that occurred while the applicant was a  military
member, we conclude that no basis exists to grant favorable  action  on  his
request.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an error or injustice 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 17 May 2005, under the provisions of AFI 36-2603:

                 Ms. B. J. White-Olson, Panel Chair
                 Ms. Patricia R. Collins, Panel Member
                 Ms. Janet I. Hassan, Panel Member

The following documentary evidence was considered in  AFBCMR  Docket  Number
BC-2004-03143:

      Exhibit A.  DD Form 149, dated 10 Oct 04.
      Exhibit B.  Applicant’s available Master Personnel Records.
      Exhibit C.  AFLSA/JAJM, dated 13 Jan 05.
      Exhibit D.  Letters, SAF/MRBR, dated 21 Jan 05 and
                  AFBCMR, dated 2 Feb and 8 Feb 05.
      Exhibit E.  FBI Report.








      B. J. WHITE-OLSON
      Panel Chair