RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01340
            INDEX CODE: 110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  6 NOVEMBER 2007

___________________________________________________________________

APPLICANT REQUESTS THAT:

His Bad Conduct  Discharge  (BCD)  be  upgraded  to  a  general  (under
honorable conditions) discharge.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He is a homeless veteran in a rehabilitation institution and is working
to get his life back together.  He believes that if  his  discharge  is
upgraded he will be able to transition back into a productive society.

In support of the application, the applicant submits an affidavit  from
New Directions, Inc. and a copy of his  DD  Form  214,  Certificate  of
Release or Discharge from Active Duty.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman  basic  on
15 May 1978 and was progressively  promoted  to  the  grade  of  senior
airman. He was court-martialed on 20-26 January 1984.  He  was  charged
with  four  drug  related  specifications  including  wrongful  use  of
marijuana in hashish form, wrongful use of Lysergic  Acid  Diethylamide
(LSD), wrongful possession of LSD, and wrongful distribution of LSD, in
violation of Article 134, UCMJ. Pursuant to his  pleas,  the  applicant
was found  guilty  of  the  charge  and  specifications.  The  sentence
included reduction to airman basic, confinement for two months at  hard
labor, forfeiture of  $250.00  for  three  months  and  a  Bad  Conduct
Discharge. The sentence was finally affirmed on 20 August 1984 and  the
Bad Conduct Discharge executed on 13 September 1984. The applicant  was
credited with five years,  eight  months,  and  three  days  of  active
service.

Pursuant to the Board’s request, the Federal Bureau  of  Investigation,
Washington, D.C., provided an investigative report which is attached at
Exhibit C.

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AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial.  Under 10  USC,  section  1552(f),  which
amended the basic corrections board legislation, the  AFBCMR’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  1552(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  imitated
exceptions, the effect 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.

AFLOA/JAJM further states the applicant  has  identified  no  error  or
injustice related to his prosecution or sentence.  While clemency is an
option, there is no reason for the Board to exercise clemency  in  this
case.   The  applicant  presents  insufficient  evidence   to   warrant
upgrading his discharge characterization, and does not  demonstrate  an
equitable basis for relief.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states his drinking
and drug use spiraled out of control due  to  the  dissolution  of  his
marriage and later the death of his girl friend.  He further states due
to his alcohol and drug disease he was unable to hold  a  job  and  was
homeless for ten years.   He  now  has  enrolled  in  a  rehabilitation
program.  He request the Board consider granting his request  based  on
clemency (Exhibit F).

A copy of the FBI Investigation was forwarded to the  applicant  on  24
July 2006 for review and comment within 14 days.  As of this date, this
office has received no response (Exhibit G).

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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 an error or an injustice.  After  careful  consideration  of
the available evidence, we found no indication that the applicant’s court-
martial action  was  improper  or  contrary  to  the  provisions  of  the
governing regulations in effect at the time, or that  the  actions  taken
against  the  applicant  were  based  on  factors  other  than  his   own
misconduct.   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 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-
2006-01340  in  Executive  Session  on  14  September  2006  under  the
provisions of AFI 36-2603:

                 Mr. Wayne R. Gracie, Panel Chair
                 Ms. Patricia R. Collins, Member
                 Mr. Reginald P. Howard, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 24 Apr 06, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFLOA/JAJM, dated 19 Jun 06.
   Exhibit E.  Letter, SAF/MRBR, dated 30 Jun 06.
   Exhibit F.  Applicant Response, dated 23 Jul 06.
   Exhibit G.  Letter, SAF/MRBC, dated 24 Jul 06, w/atch.



                                        WAYNE R. GRACIE
                                        Panel Chair