RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00256
INDEX CODE: A68.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 23 Jul 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to general.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge should be upgraded to general.
In support of his appeal, the applicant provided extracts from his
military personnel records.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s available military personnel records indicates he
initially enlisted in the Regular Air Force on 14 May 82 for a period
of four years in the grade of airman basic.
On 17 Nov 86, the applicant was convicted by special court-martial of
wrongfully using cocaine. He was sentenced to a BCD, confinement for
three months, forfeiture of $100.00 for three months, and reduction
from the grade of airman first class to airman basic. The convening
authority approved the sentence as adjudged.
On 1 Jun 87, the approved sentence of the special court-martial having
been affirmed, the applicant’s discharge was ordered into execution.
He was discharged with a BCD on 30 Oct 87. He was credited with 5
years, 7 months, and 15 days.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended denial indicating that based on the
documentation in the records, the discharge was consistent with the
procedural and substantive requirements of the discharge regulation.
The discharge was within the discretion of the discharge authority,
and the applicant did not submit any evidence or identify any errors
or injustices that occurred in the discharge processing. He provided
no facts warranting a change to his character of service.
A complete copy of the AFPC/DPPRS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 18
Mar 05 for review and response. As of this date, no response has been
received by this office (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 error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Staff
and adopt their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice.
Therefore, in the absence of substantial evidence to the contrary, we
find no compelling basis to recommend granting the relief sought in
this application.
_________________________________________________________________
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 AFBCMR Docket Number BC-
2005-00256 in Executive Session on 21 Apr 05, under the provisions of
AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Renee M. Collier, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Feb 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 8 Mar 05.
Exhibit D. Letter, SAF/MRBR, dated 18 Mar 05.
RICHARD A. PETERSON
Panel Chair
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