RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00889
            INDEX NUMBER:  110.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  14 Sep 06


_________________________________________________________________

APPLICANT REQUESTS THAT:

His dismissal from the Air Force  by  sentence  of  court-martial  be
upgraded to a general (under honorable conditions) discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He made a youthful mistake and otherwise had  a  very  good  military
record.  He has had no offenses in civilian life.  The punishment  he
received was very severe given the time and  conditions  and  he  was
unfairly made an example of.

In support of his appeal, applicant provides a copy of  his  DD  Form
214 and a list of post-service activities.

The applicant’s complete submission, with attachments, is at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant attended the Air Force Academy from Jun 80 to  May  84.
He entered active duty in the grade of second lieutenant  on  30  May
84.  On 21  Jan  86,  the  applicant  was  arraigned  and  tried  for
violation of Article 112a of the Uniform  Code  of  Military  Justice
(UCMJ) with the following specifications:

        a.  Specification 1:  The applicant did, on or about  15  Feb
85, wrongfully use marijuana.

        b.  Specification 2:  The applicant did, on or about  26  Apr
85, wrongfully possess marijuana.

The applicant pled guilty to  the  charge  and  specifications.   The
applicant was sentenced to dismissal, confinement at hard labor for 3
months,  and  total  forfeiture  of  all  pay  and  allowances.   The
Secretary of the Air Force approved the applicant’s sentence on 3 Oct
86 and he was dismissed on 15 Oct 86.
_________________________________________________________________
AIR FORCE EVALUATION:

AFLSA/JAJM  recommends  denial  of  the  applicant’s  request.    Any
decision regarding the applicant’s discharge status would be a matter
of clemency.  The use and possession of marijuana is an offense under
the UCMJ.  The applicant was not only an officer, but also a graduate
of the Air Force Academy  who  knew  Air  Force  policy  on  use  and
possession of drugs.   The  applicant’s  court-martial  was  properly
conducted and he was  afforded  all  rights  accorded  by  law.   The
evidence he has presented is insufficient to  warrant  setting  aside
his dismissal and does not demonstrate an equitable basis for relief.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant  on
6 May 05 for review and comment within 30 days.  To date, a  response
has not been received.

_________________________________________________________________

FBI REPORT:

Pursuant to the Board’s request, the FBI indicated they  were  unable
to find an arrest record on the applicant.

The FBI response is at Exhibit E.

_________________________________________________________________

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, the majority of  the  Board  agrees  with  the  opinion  and
recommendation of the Air Force office of primary responsibility  and
adopts its rationale as the  basis  for  their  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or  injustice.
Additionally, since the applicant is seeking relief on the  basis  of
clemency, the Board majority notes that the post-service evidence  he
has submitted does not contain any character references or letters of
commendation,  or   any   information   regarding   his   educational
accomplishments and employment history  since  leaving  the  service.
The Board majority notes the submission of such  evidence  has  often
proven beneficial to applicants who have submitted  similar  appeals.
Therefore, in the absence of evidence to the contrary,  the  majority
of the Board finds no compelling  basis  to  recommend  granting  the
relief sought in this application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the Board  finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered Docket Number  BC-2005-
00889 in Executive Session on 15 June 2005, under the  provisions  of
AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Martha A. Maust, Member
      Mr. Wallace F. Beard, Member

By a majority vote, the Board voted to deny applicant’s request.  Mr.
Markiewicz  recused   himself   from   the   applicant’s   case   for
administrative  reasons.   The  following  documentary  evidence  was
considered:

    Exhibit A.  DD Form 149, dated 9 Mar 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFLSA/JAJM, dated 29 Apr 05.
    Exhibit D.  Letter, SAF/MRBR, dated 6 May 05.
    Exhibit E.  FBI Response, dated 24 May 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

MEMORANDUM FOR   THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                       FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXX, XXXXXXX

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied.  I concur with that finding and their
conclusion that relief is not warranted.  Accordingly, I accept their
recommendation that the application be denied.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency