RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2005-
03393
                                             INDEX CODE:  110.00

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  YES



MANDATORY CASE COMPLETION DATE:  11 MAY 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded  to  a  general  (under
honorable conditions) discharge.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He would like his discharge changed because he was  young  when  he
went into the military.  He realizes he made some mistakes in life,
but now that he is older he needs to try to fix what he messed  up.
Since leaving the military he has turned his life  around.   He  is
now in church and surrounding himself with  positive  people.   The
Board should consider his application because  he  has  had  enough
time to see his fault in the situation.

Applicant’s complete submission, with attachment, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 4  Jan  85,  in  the
grade of airman basic (E-1), for  a  period  of  four  years.   His
highest grade held was airman first class.

Applicant’s Airman Performance Report (APR) profile follows:

      PERIOD ENDING               OVERALL EVALUATION

       3 Jan 86                         9
      10 Dec 86                         5 (Referral)
      17 Apr 87                         3 (Referral)

On 15 Jul 87, applicant was tried and convicted by a general court-
martial on the following offenses:  (1) Wrongful use of cocaine, on
or about 15 Feb 87; and (2) Wrongful possession of cocaine,  on  or
about 18 Feb 87.  Applicant pled guilty to  both  of  the  charges.
The military judge sentenced him to a bad conduct discharge  (BCD),
forfeitures of all pay  and  allowances,  and  confinement  for  18
months.  The convening authority approved  the  adjudged  sentence,
and the court-martial was affirmed on 19  May  88.   Applicant  was
discharged with a BCD on 25 May 88.  He was credited with 2  years,
4 months, and 10 days of active military service (excludes  1  year
and 11 months of lost time due to confinement).

The applicant’s  record  reflects  he  received  three  Article  15
punishments:  (1) On 19 Dec 86, for failure  to  go,  on  or  about
(o/a)  14  Dec  86.   Punishment  imposed  consisted  of  suspended
reduction to the grade of airman, and 30 days correctional custody;
(2) On 23 Mar 87, for operating a passenger  vehicle  while  drunk,
o/a 13 Mar 87.  Punishment imposed consisted of  reduction  to  the
grade of airman, and forfeiture of $150.00 pay per  month  for  two
months; and (3) On 9 Apr 87, for failure  to  go,  o/a  2  Apr  87.
Punishment imposed consisted of reduction to the  grade  of  airman
basic, and restriction to base for 60 days.

The  record  also  reflects  applicant  received  two  letters   of
reprimand (LORs):  (1) On 18  Nov  86,  for  failure  to  secure  a
building.  Applicant acknowledged receipt of the LOR on 18 Nov  86;
and (2) On 6 May 87, for failure to report.  Applicant acknowledged
receipt of the LOR on 6 May 87.

Pursuant  to  the  Board’s   request,   the   Federal   Bureau   of
Investigation, Clarksburg, West Virginia, provided  a  copy  of  an
investigation report, which is attached at Exhibit C.

___________________________________________________________________

AIR FORCE EVALUATION:

AFLSA/JAJM reviewed this application and recommended  denial.   The
use of illegal drugs was and continues to be a serious crime.   The
maximum sentence the applicant faced at the time of his trial was a
dishonorable discharge, confinement for 10 years, and forfeiture of
all pay and allowances.  His sentence of a bad  conduct  discharge,
confinement for 18 months, and forfeiture of all pay and allowances
was well within that maximum.  Applicant has provided  no  evidence
of a clear error or injustice related to the sentence.   Therefore,
there is no reason required by law to grant the relief requested.

A complete copy of the Air Force evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 6 Jan 06, a copy of the Air Force evaluation  was  forwarded  to
the applicant for review and comment within 30 days.   To  date,  a
reply has not been received by this office (Exhibit E).

On 8 Feb 06,  a  copy  of  the  FBI  Report  of  Investigation  was
forwarded to the applicant for review and comment (Exhibit F).   To
date, no response has been received by this office.

___________________________________________________________________

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.   The  applicant’s
discharge had its basis in his  trial  and  conviction  by  general
court-martial   for   drug-related   offenses.     After    careful
consideration of the available evidence,  we  found  no  indication
that the actions taken to effect his  discharge  were  improper  or
based on factors other than his own misconduct.   In  addition,  in
view of the contents of the FBI Report of Investigation, we are not
persuaded that an upgrade of the characterization of his  discharge
to general is warranted on the basis of clemency.  Therefore, based
on the available evidence of record, we find no basis upon which to
favorably consider his request.

4.  The applicant's case is adequately documented and  it  has  not
been shown that a personal appearance with or without counsel  will
materially  add  to  our  understanding  of  the  issue   involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

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 Docket Number BC-2005-
03393 in Executive Session on 2 March 2006, under the provisions of
AFI 36-2603:

      Ms. Marilyn M. Thomas, Vice Chair
      Mr. James L. Sommer, Member
      Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Nov 05, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, AFLSA/JAJM, dated 21 Dec 05.
    Exhibit E.  Letter, SAF/MRBR, dated 6 Jan 06.
    Exhibit F.  Letter, AFBCMR, dated 8 Feb 06.




                                   MARILYN M. THOMAS
                                   Vice Chair