RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01693
                       INDEX CODE:  110.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge was too severe.  His life has changed because  of  the
discharge.  He was suffering from  mental  health  issues  and  this
caused him to get a  bad  discharge.   The  Air  Force  should  have
considered his mental health issues.

In support of his appeal, applicant submitted a copy of  his  DD  Form
293, Application for the Review of Discharge from the Armed Forces  of
the United States.

Applicant's complete submission, with an attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 21 May 90, the applicant enlisted in the Regular Air  Force  as  an
airman basic for a period of four years.

On 20 Aug 97, he was sentenced by a general court-martial  to  a  BCD,
confinement for eight months, and reduction to the grade of E-1.   His
sentence  was  based  on  his  conviction  of  one  charge   and   one
specification of absence without leave (AWOL), one  charge  and  three
specifications of wrongful use of cocaine,  and  one  charge  and  one
specification for wrongful possession of drug paraphernalia.   He  was
discharged on 15 Jan 99.  He served seven years, seven months and  six
days on active duty.

On  8  Aug  07,  the  Board  staff  requested  the  applicant  provide
documentation pertaining to  his  activities  since  leaving  military
service.  He has not responded (Exhibit F)

Pursuant to the Board’s request, the Federal Bureau  of  Investigation
(FBI) provided a copy of an Investigative Report, which is at  Exhibit
C.  On 15 Aug 07, a copy of  the  FBI  report  was  forwarded  to  the
applicant for review and comment within 30 days, as of this  date,  no
response has been received by this office (Exhibit G).

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AIR FORCE EVALUATION:

AFLOA/JAJM recommends the requested relief be denied.  JAJM states  an
application must be filed  within  three  years  after  the  error  or
injustice was discovered, or, with due  diligence,  should  have  been
discovered.  An application may  be  denied  on  the  basis  of  being
untimely; however, an untimely filing may be excused in  the  interest
of justice.  The applicant’s request comes 10 years after  his  trial.
He stated that he knew of no error in 1999, but  that  the  historical
records should be accurate and reflect when justice has not been done.
 He has not identified  any  error  or  injustice  during  his  court-
martial, and provided no justifiable  basis  to  excuse  his  untimely
application in the interests of justice.

Under 10 USC Section 1552, which amended the  basic  correction  board
legislation, the AFBCMR’s ability to correct records related to courts-
martial is limited.  Specifically, Section 1552 permits the correction
of a record to reflect actions taken by  reviewing  authorities  under
the Uniform Code of Military Justice  (UCMJ).   Additionally,  Section
1552 permits the correction  of  records  related  to  action  on  the
sentence of courts-martial for the purpose of  clemency.   Apart  from
these two limited exceptions, the effect of Section 1552 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 (the effective date of the UMCJ).

JAJM further states the applicant has provided no evidence of an error
or an injustice related to his prosecution or his sentence.   Nor  has
he provided evidence in support of his contentions.   The  appropriate
forum in which to raise these types of issues was at trial and  during
the appellate review process.  He has availed himself of all appellate
rights to which he was entitled under the law.  The  appellate  courts
found his conviction and  sentence  correct  in  fact  and  law.   His
punishment was  within  legal  limits  and  was  appropriate  for  the
offenses committed.  While  clemency  may  be  granted  under  10  USC
Section 1552(f)(2), he provides no justification for his request,  and
clemency is not warranted in this case.

A complete AFLOA/JAJM evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
27 Jul 07, for review and response.  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 an error or an injustice.   We  took  notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt its rationale as the  basis
for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  In the absence of evidence to  the  contrary,  we
find no compelling basis to recommend granting the  relief  sought  in
this application.

_________________________________________________________________

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-2007-01693 in Executive Session on 18 Dec 07 under the provisions
of AFI 36-2603:

            Mr. Michael J. Novel, Panel Chair
            Mr. Anthony P. Reardon, Member
            Ms. Marcia Jane Bachman, Member

The following  documentary  evidence  pertaining  to  AFBCMR  Docket
Number BC-2007-01693 was considered:

   Exhibit A.  DD Form 149, dated 27 Apr 07, w/atch.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Investigative Report.
   Exhibit D.  Letter, AFLOA/JAJM, dated 26 Jun 07.
   Exhibit E.  Letter, SAF/MRBR, dated 27 Jul 07.
   Exhibit F.  Letter, SAF/MRBC, dated 8 Aug 07.
   Exhibit G.  Letter, SAF/MRBC, dated 15 Aug 07.
   Exhibit H.  Letter, SAF/MRBC, dated 17 Oct 07.




                                        MICHAEL J. NOVEL
                                        Panel Chair