RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-00540
            INDEX CODE:  110.02

            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  20 AUGUST 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of  his  troubles  in  his  career,  he  was  young  and  easily
influenced by his peers.  Since leaving the Air Force  he  has  received  an
FAA airframe and power plant license, however he  is  currently  unemployed.
He would like an upgrade in order to  qualify  for  Veterans  Administration
(VA) medical privileges.

In support of his request, applicant  provided  a  Certificate  of  Military
Service,  reflecting  an  honorable  discharge,  and  his     DD  Form  214,
Certificate of Release or Discharge from Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  18  Dec  79;  he  served  on
continuous active duty and entered his last reenlistment on 9 Sep 83, for  a
period of four years in the grade of senior airman.  His highest grade  held
was staff sergeant.

On 7 Mar 85, applicant  was  tried  by  a  general  court-martial.   He  was
charged with divers use of marijuana,  distribution  of  marijuana,  use  of
cocaine, and distribution of cocaine.  He was convicted of all offenses  and
sentenced to a bad conduct discharge (BCD), forfeiture of  $400.00  pay  per
month for 24 months, confinement for 24  months,  and  reduction  to  airman
basic.  The convening authority approved  the  adjudged  sentence,  and  the
court-martial was  affirmed.   After  completion  of  the  appellate  review
process, applicant was discharged with a BCD on 7 May 86.  He  was  credited
with 5 years, 2 months, and 20 days of active military service  (excludes  1
year and 2 months of lost time due to confinement).

Pursuant to the Board’s  request  on  26  Mar  07,  the  Federal  Bureau  of
Investigation,  Clarksburg,  West  Virginia,   provided   a   copy   of   an
investigation report, which is attached at Exhibit C.

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AIR FORCE EVALUATION:

AFLOA/JAJM  reviewed  this   application   and   recommends   denial.    The
application is untimely and applicant’s contentions are without merit.   The
applicant requests an upgrade of his discharge characterization to  that  of
General (Under Honorable Conditions).  However, the applicant has failed  to
identity the existence of any error  or  injustice  related  to  his  court-
martial or the  resulting  sentence.   The  applicant’s  sentence  was  well
within legal limits and was  an  appropriate  punishment  for  the  offenses
committed.  While clemency may be granted IAW 10 USC  1552(f)(2),  applicant
provides absolutely no justification to merit his request, and  clemency  is
not warranted  in  this  case.   The  applicant  was  convicted  of  several
instances of drug use and distribution while he was assigned as an  aircraft
mechanic.  A Bad Conduct Discharge was an appropriate sentence and  properly
characterizes his service.

The AFLOA/JAJM complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 Mar 07, a copy of the  Air  Force  evaluation  was  forwarded  to  the
applicant for review and comment within 30 days.  To date, no  response  has
been received by this office.

On 16 Apr 07, a copy of the FBI Report of  Investigation  was  forwarded  to
the applicant for review and comment within 30 days (Exhibit F).   To  date,
a response has not been received.

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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 error or injustice.  The applicant’s submission was  thoroughly
reviewed, and his contentions were duly noted.  However, we do not find  his
assertions, in and of themselves, sufficiently persuasive  to  override  the
rationale provided by the Associate Chief, Military Justice  Division.   The
evidence of record indicates the applicant was convicted by  general  court-
martial of  wrongful  use  of  marijuana,  distribution  of  marijuana,  and
distribution of cocaine.  No evidence has been submitted  which  would  lead
us to believe that the characterization of his  service  was  improper.   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.

_________________________________________________________________

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-2007-
00540 in Executive Session on 5 June 2007, under the provisions of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Marcia Jane Buchman, Member
      Ms. Mary C. Puckett, Member


The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
00540 was considered:

    Exhibit A.  DD Form 149, dated 7 Feb 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
      Exhibit D.  Letter, AFLOA/JAJM, dated 19 Mar 07.
    Exhibit E.  Letter, SAF/MRBR, dated 30 Mar 07.
    Exhibit F.  Letter, AFBCMR, dated 16 Apr 07.





                                             THOMAS S. MARKIEWICZ
                                             Chair