RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-03827
                                             INDEX CODE:  106.00
      XXXXXXXXXXXXXX                    COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  10 June 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

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

________________________________________________________________

APPLICANT CONTENDS THAT:

After almost 10 years, he deserves a chance  at  a  successful  life  and  a
general discharge.

He has two children to support, and he could provide a better life for  them
if his discharge was upgraded.

Applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 25 June 1992  and  served  as
an aerospace propulsion apprentice for six plus years.

He received non-judicial punishment on 7 July 1997 for, on divers  occasions
between on or about 30 May 1997 and on or about  14  June  1997,  wrongfully
having sexual intercourse with another woman, not his wife.  He  received  a
suspended reduction to the  grade  of  airman  first  class,  forfeiture  of
$598.00 pay per month for two months, later mitigated  to  $398.00  pay  per
month for two months, and restriction to Langley AFB for 60 days.

On 21 October 1997, he pled guilty and was sentenced  by  a  general  court-
martial for, between on or about 8 June 1997, and on or about 16 June  1997,
wrongfully  using  cocaine.   He  was  sentenced  to  a  BCD,  nine   months
confinement, later modified to seven months, a reduction  to  the  grade  of
airman basic, and forfeiture of all pay and allowances for seven months,  of
which a portion  was  waived  and  directed  to  be  paid  directly  to  his
dependent wife to support their minor child.

Upon completion  of  the  appellate  review  of  his  general  court-martial
conviction, he was discharged on 14 April 1999, with a  BCD.   He  completed
six years, three months, and 25 days of net active service.

A resume of applicant's performance reports follows:

      PERIOD ENDING                     OVERALL EVALUATION

      24 Feb 1997                       4
      24 Feb 1996                       4
      24 Feb 1995                       3
      24 Feb 1994                       3

His records indicate he is entitled to the AF  Achievement  Medal  with  two
Oak Leaf Clusters, the Air Force Longevity  Service  Award,  the  Air  Force
Training  Ribbon,  the  National  Defense  Service  Medal,  the  Air   Force
Outstanding Unit Award with one device, the Air  Force  Good  Conduct  Medal
with one device, and the Southwest Asia Service Medal with two devices.

Pursuant to the Board’s request, the Federal Bureau of Investigation  (FBI),
Clarksburg, WV, provided a copy of  an  Investigation  Report  which  is  at
Exhibit C.

________________________________________________________________

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial.  Because the court-martial was  in  1997,  and
the appellate review was completed in 1999, the application is  not  timely.
Since applicant has provided no reason as to why  the  Board  should  excuse
the late filing in the interests  of  justice,  the  application  should  be
denied for timeliness.

The application is also  without  merit.   Title  10,  United  States  Code,
limits the Board’s ability to correct records relating to courts-martial  to
correction of a record to reflect actions  taken  by  reviewing  authorities
under the UCMJ, and correction of records related to action on the  sentence
of a courts-martial for the purpose  of  clemency.   Aside  from  these  two
limited exceptions, the Board is without authority to  reverse,  set  aside,
or otherwise expunge a court-martial conviction that occurred on or after  5
May 1950.

The applicant does not contend 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.  He has set forth no basis for  clemency,  other  than  his  claim
that he has had a spotless record since his discharge,  and  that  he  needs
the upgrade to provide a better life for his family.  Neither suggests  that
the findings of guilt or the punishment were unjust.

The abuse of drugs is a serious crime and a  general  court-martial  was  an
appropriate forum.  He has not alleged any  impropriety  in  the  manner  in
which the court-martial was conducted,  and  the  record  indicates  he  was
afforded all rights to which he was entitled.  Thus, in  choosing  to  plead
guilty, he knew full well the possible  punishment  of  a  maximum  of  five
years confinement, forfeiture of all pay and allowances, and a  dishonorable
discharge.  Given the sentence he received, there is no evidence of a  clear
error or injustice related to  the  sentence,  and  there  is  therefore  no
reason required by law to grant the relief requested.

The AFLOA/JAJM evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation  was  forwarded  to  the  applicant  on  2
February 2007, for review and comment within 30 days.  However, as  of  this
date,  no  response  has  been  received  by  this  office.    Additionally,
applicant was given a chance on 15 February  2007,  to  provide  information
within 30 days pertaining to his activities since leaving the  service.   As
of this 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.   We  note  that  this  Board  is  without
authority to reverse,  set  aside,  or  otherwise  expunge  a  court-martial
conviction.  Rather, in  accordance  with  Title  10,  United  States  Code,
Section 1552(f), actions by this Board are limited  to  corrections  to  the
record to reflect actions taken by the reviewing  officials  and  action  on
the sentence of the court-martial for the  purpose  of  clemency.   We  also
find  no   evidence   which   indicates   that   the   applicant’s   service
characterization, which had its basis in his conviction  by  general  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).  We have considered applicant's overall quality  of
service,  the  general  court-martial  conviction  which  precipitated   the
discharge, and the seriousness of the offense to which  convicted,  wrongful
use of cocaine.  Based on the evidence of record, we  cannot  conclude  that
clemency is warranted.

________________________________________________________________

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-2006-03827
in Executive Session on 19 April 2007, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. James A. Wolffe, Member
                       Ms. Maureen B. Higgins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Dec 06.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, US DOJ FBI, dated 15 Feb 07.
    Exhibit D.  Letter, AFLOA/JAJM, dated 26 Jan 07.
    Exhibit E.  Letter, SAF/MRBR, dated 2 Feb 07.




                                   THOMAS S. MARKIEWICZ
                                   Chair