RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00526
            INDEX CODE: 110.02, 106.00
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  26 Aug 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1989 bad conduct discharge (BCD) by special court-martial (SCM) be
changed to a  medical  discharge  [presumably  with  an  honorable  or
general characterization of service].

_________________________________________________________________

APPLICANT CONTENDS THAT:

His BCD was an error and  should  be  set  aside  due  to  his  mental
condition at the time. His medical records prove he had a  personality
disorder that warrants setting aside the sentence and awarding  him  a
medical discharge.

In support of his  request,  applicant  provided  copies  of  military
medical entries and his DD Form 214.  His  complete  submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  18 Sep  86  for  a
period of six years.  During the period in question, the applicant was
an airman first class assigned  to  the  363rd  Equipment  Maintenance
Squadron, Shaw AFB, SC, as a munitions systems specialist.

A 13 May 88 entry by Aeromedical Services at  the  Shaw  AFB  Hospital
found the applicant qualified for worldwide deployment.

A  9 Jun  88  medical  entry  indicates  the  commander  directed   an
evaluation due to the applicant’s  hostile  and  aggressive  behavior.
The Chief of the Mental Health Clinic (MHC) indicated a  diagnosis  of
personality disorder which did not  warrant  medical  processing.   On
20 Jun 88, the MHC Chief reported the applicant  stated  he  had  many
personal problems but denied strong  homicidal  tendencies,  drug  and
alcohol abuse.  The Chief  found  the  applicant’s  cognitive  ability
intact,  without  delusion/hallucination.   Diagnosis   was   atypical
personality disorder.

On 30 Jun 88, in an SCM convened  at  Shaw  AFB,  the  applicant  pled
guilty to and was found guilty of  the  following  charges:   (1)  two
specifications of failing to go to his appointed place of duty  on  or
about 9 and 10 Jun  88;  (2)  three  specifications  of  disrespectful
language to a superior noncommissioned officer (NCO) on or about 9 Jun
88; and (3) one specification of being incapacitated  for  the  proper
performance of his duties due to overindulgence of alcoholic beverages
on or about 9 Jun 88.  The applicant was sentenced to a BCD,  45  days
of confinement, and reduction to airman basic.

The Air Force Court of Military Review affirmed the findings of guilty
and the sentence without modification on 23 Sep 88.

On 11 Jan 89, after 2 years, 3 months, and 24 days of active  service,
the applicant was discharged in the grade of airman basic with  a  BCD
by SCM conviction.

_________________________________________________________________

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial, noting the applicant’s appeal was  filed
more than 17 years after his discharge.  JAJM explains  the  Board  is
without authority to reverse, set aside, or otherwise expunge a court-
martial conviction that occurred on or after  5 May  50.   During  his
court martial, the applicant  pleaded  guilty  to  all  charges.   His
mental health  evaluation  states  “his  present  condition  does  not
warrant  medical  intervention.”   This  evaluation  as  well  as  the
information now being presented by the applicant was contained in  the
trial record from 1988 and was considered by  the  Trial  Court.   His
sentence  was  well  within  the  legal  limits  and  an   appropriate
punishment for the offenses committed.  There is no reason to exercise
clemency in this case as the applicant  has  identified  no  error  or
injustice related to his prosecution or the sentence.

The complete AFLOA/JAJM evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant contends the sentence in the SCM is erroneous because he
developed a mental disorder while on active duty.  He asks for the SCM
to be changed on the basis of clemency.

A complete copy of applicant’s 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  to  justify   changing   the
applicant’s BCD to a medical discharge, presumably with  an  honorable
or  general  characterization  of  service.   The  AFBCMR  is  without
authority to reduce, set aside, or otherwise expunge  a  court-martial
conviction that occurred on or after 5 May 1950. We may change a court-
martial sentence on the basis of clemency  if  circumstances  warrant.
However, we  find  no  evidence  indicating  the  applicant’s  service
characterization, which had its basis in  his  conviction  by  special
court-martial and was a part of the sentence of  the  military  court,
was improper or that it exceeded the  limitations  set  forth  in  the
Uniform Code of Military  Justice  (UCMJ).  Further,  the  applicant’s
mental health  evaluation  and  documents  related  to  his  diagnosed
personality disorder were considered by the court and contained in the
trial record.  Medical  evaluation  found  the  applicant’s  cognitive
ability was intact, his mental condition did not render him  unfit  or
warrant medical intervention or  disability  processing,  and  he  was
worldwide deployable. The applicant has not shown he was  deprived  of
any rights to which he was entitled  or  that  his  sentence  was  not
appropriate given his misconduct. In view of the foregoing, and in the
absence of persuasive evidence to the contrary, we are  not  compelled
to recommend granting  the  relief  sought  on  the  basis  of  either
clemency or merit.

_________________________________________________________________

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 24 October 2006 under the provisions of  AFI  36-
2603:

                 Mr. Jay H. Jordan, Panel Chair
                 Ms. Josephine L. Davis, Member
                 Mr. Alan A. Blomgren, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2006-00526 was considered:

   Exhibit A.  DD Form 149, dated 16 Feb 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFLOA/JAJM, dated 31 Aug 06.
   Exhibit D.  Letter, SAF/MRBR, dated 8 Sep 06.
   Exhibit E.  Letter, Applicant, dated 12 Oct 06.




                                   JAY H. JORDAN
                                   Panel Chair