RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-03153
            INDEX CODE:  110.02
            COUNSEL:  None
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: APR 16, 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  bad  conduct  discharge  (BCD)  be  upgraded  to  a  higher   discharge
character, preferably honorable.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His  record  of  nonjudicial  punishment  (Article  15)  shows  only  minor,
isolated offenses. Personal and financial problems impaired his  ability  to
serve. Offenses he was charged with were trumped up and all  the  people  he
used drugs with (tiny amount) were willing users as  he  was  and  they  all
shared their marijuana, beer, and finally cocaine (for  3  weeks).   No  one
was coerced, made any money nor tried to--it was recreational.

The applicant further stated, “it took him this long to realize that all  of
his friends who testified against him in his  court-martial  did  everything
he did--bought, shared (gave and sold) pot and coke  and  the  sentence  was
severe for a 20-year old kid who was immature and naïve.”

In support of his  request,  the  applicant  provided  an  abstract  of  his
military  records,  eight  letters,  two  certificates  of  excellence,  one
website page, photos, a college transcript,  and  a  statement  in  his  own
behalf.

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

_________________________________________________________________

STATEMENT OF FACTS:


The applicant entered active duty Air Force  on  14  Dec  83  as  a  Medical
Administration Specialist.  He enlisted for a 6-year  period  and  served  2
years, 2 months, and 23 days.




A resume of the applicant’s airmen performance reports (APRs)  follows  (1-9
rating system):

        CLOSEOUT DATE  OVERALL RATING

          13 Dec 84           8
          13 Dec 85           5

The applicant received two Article 15s (one for wrongful  use  of  words  to
two airmen and unlawfully kicking another airman in  the  stomach  with  his
foot  and  the  other  for  disrespectful  language  to  a   superior   non-
commissioned officer and disorderly conduct of a nature to  bring  discredit
upon the armed forces).

The applicant was tried and found  guilty  by  a  General  Court-Martial  at
Homestead AFB, FL for the following uniform code of military justice  (UCMJ)
violations:

       - Article 112a - distributing and using  marijuana  and  cocaine  and
         possessing cocaine


       - Article 92 - possessing drug abuse paraphernalia

The applicant  was  sentenced  to  forfeiture  of  all  pay  and  allowance,
received confinement for 4 years, and a BCD.

The  applicant  was  discharged  while  serving   in   confinement   at   Ft
Leavenworth, KS on 3 Feb 87.

Pursuant to the Board's request, the Federal Bureau of Investigation  (FBI),
Clarksburg, West Virginia,  provided  a  copy  of  an  investigative  report
pertaining   to   the   former   member   (Identification   Record    Number
740674HA4)(Exhibit C).


_________________________________________________________________

AIR FORCE EVALUATION:


AFLOA/JAJM recommends denial of  the  applicant’s  request.   The  applicant
entered a plea of guilty to five specifications of wrongful distribution  of
cocaine and marijuana, wrongful  possession  of  cocaine,  wrongful  use  of
cocaine and marijuana, and wrongful possession of drug  abuse  paraphernalia
on diverse occasions between 11 Jun 85 and 10 Dec 85.   The  military  judge
imposed the sentence of forfeiture of all pay  and  allowances,  confinement
for 4 years, and a BCD.  The convening authority approved  the  sentence  as
adjudged and appellate review was completed.

The applicant is not contending that any specific actions  have  been  taken
by reviewing authorities that require correction of his record.   Thus,  any
decision regarding his  discharge  status  must  be  done  as  a  matter  of
clemency.  The applicant, however, sets forth no basis  for  clemency  other
than his prior service record and that, since  his  discharge,  he  has  had
good jobs and pursued  his  education  (even  after  his  incarceration  for
strangling his wife).  He just states that he does his best  to  help  those
in need and is willing to die for his country.  While he  may  be  commended
for these gestures, he provides no  evidence  to  suggest  that  either  the
findings of guilt or sentence were unjust.

The possession, use and distribution of cocaine and  marijuana  are  serious
violations  of  the  UCMJ.   As  such,  a  general  court-martial   was   an
appropriate forum.  There is no evidence of impropriety  in  the  manner  in
which the court-martial was conducted, and the applicant  was  afforded  all
due process and appellate rights accorded by the law.   He  chose  to  plead
guilty to each specification, knowing full well the possible  punishment  he
could receive.  Given the sentence he received, there is no  evidence  of  a
clear error or injustice related to the sentence, specifically the  punitive
discharge.  The applicant has provided no compelling reason  justifying  his
request.

The complete evaluation of AFLOA/JAJM is at Exhibit D.

_________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:


A copy of the Air Force evaluation was forwarded to the applicant on  8  Dec
06 for review and comment within 30 days.  As of this date, this office  has
not received a response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

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 actions taken to  affect
his discharge were improper or contrary to the provisions of  the  governing
regulations in effect at the time.  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  Docket  Number  BC-2006-03513
in Executive Session on 18 January 2007, under the  provisions  of  AFI  36-
2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Teri G. Spoutz, Member
      Ms. Mary C. Puckett, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Oct 06.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Investigative Report #740674HA4.
    Exhibit D.  Letter, AFLOA/JAJM, dated 20 Nov 06.
    Exhibit E.  Letter, SAF/MRBR, dated 8 Dec 06.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair