RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03711
                       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:

He was informed that his  discharge  could  be  upgraded  after  six
months if he applied.  He has learned from errors in his  life  that
discipline is important to success.  It took  him  being  discharged
from the Air Force to understand that principle.

In support of his appeal, applicant submitted copies  of  his  college
transcripts, his pastoral license and character references.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 30 Jun 86, the applicant enlisted in the Regular Air  Force  as  an
airman first class for a period of four years.

On 14 Apr 89, he was sentenced by a general court-martial  to  a  BCD,
confinement for six months, forfeiture of $350.00 pay  per  month  for
six months and reduction to the grade of E-1.  His sentence was  based
on his conviction of wrongful use of cocaine and being absent  without
leave (AWOL).  On 8 Mar  90,  the  convening  authority  approved  the
sentence.  He was discharged on 23 Mar  90.   He  served  3  years,  8
months and 24 days on active duty.

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 7 Apr 08 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).

_________________________________________________________________

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.  His request comes 18 years after his trial.  He states he
changed his life for the better because he does not  want  to  die  in
shame.  He has learned that rules are important and must  be  followed
for the general well being of all involved.  While it is  laudable  he
has  changed  his  life  for  the  better,  this  is  insufficient  to
demonstrate that his untimely filing should be excused.   He  has  not
provided any other basis  for  concluding  that  his  untimely  filing
should be excused in the interest 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).

He 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.  While clemency  may  be  granted  under  10  USC,
Section 1552(f)(2), it is not warranted in this case.  The  Rules  for
Courts-Martial  1003(b)(8)(B)  states  that  a  BCD  "is  designed  as
punishment for bad conduct rather than as  a  punishment  for  serious
offenses of either a civilian or military nature."  His  sentence  was
well within the legal limits and was an appropriate punishment for the
offenses.

AFLOA/JAJM's complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
15 Feb 08, for review and response within 30 days.  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.  After thoroughly reviewing
the evidence  of  record,  we  find  no  evidence  to  show  that  the
applicant’s  discharge  was  erroneous  or  unjust.   Based   on   the
documentation in the applicant's records,  it  appears  the  discharge
process was appropriate and accomplished in accordance with Air  Force
policy.  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 decision that  the  applicant
has failed to sustain his burden of proof that he has suffered  either
an error or an injustice.  Therefore, 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-2007-03711 in Executive Session on 15 May 08 under the provisions
of AFI 36-2603:

            Mr. Michael K. Gallogly, Panel Chair
            Ms. Janet I. Hassan, Member
            Mr. James G. Neighbors, Member

The following  documentary  evidence  pertaining  to  AFBCMR  Docket
Number BC-2007-03711 was considered:

   Exhibit A.  DD Form 149, dated 26 Oct 07, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Investigative Report.
   Exhibit D.  Letter, AFLOA/JAJM, dated 28 Jan 08.
   Exhibit E.  Letter, SAF/MRBR, dated 15 Feb 08.
   Exhibit F.  Letter, SAF/MRBC, dated 7 Apr 08.




                                        MICHAEL K. GALLOGLY
                                        Panel Chair