RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01336
            INDEX CODE: 106.00
            COUNSEL: NONE
            HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He would like his discharge  upgraded  so  that  he  would  be  entitled  to
medical treatment by the Department of Veteran Affairs (DVA).  He has a  bad
shoulder due to an  injury  sustained  while  he  was  enlisted.   The  pain
continues and he cannot  treat  his  shoulder  properly.   He  realizes  the
mistakes he made while in the Air Force.  He was young and  going  to  Saudi
Arabia caused problems for him mentally, so he used drugs to numb the  pain.
 He feels that he was treated unfairly by having  received  only  one  rehab
visit while in the brig.

In support of his request, applicant provided a personal statement,  a  copy
of his DD Form 214, and character references.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  22
October 1993.

On 11 April 1996, he was tried by a general court-martial.  He  was  charged
with  six  specifications  of  wrongful  use  and   one   specification   of
distribution of controlled substances in violation of Article  112a  of  the
Uniform Code of Military Justice (UCMJ).  He pled guilty to  and  was  found
guilty  of  three  wrongful  use  specifications  for  use   of   marijuana,
methamphetamine,   and   lysergic   acid   diethylamide   (LSD),   and   one
specification   of   wrongful   distribution   of   LSD.    The    remaining
specifications  were  withdrawn  after  arraignment.   The   applicant   was
sentenced to a BCD, forfeiture of all pay and  allowances,  confinement  for
twelve months, and reduction  to  airman  basic.   The  convening  authority
reduced the period of confinement to eight months,  but  otherwise  approved
the sentence as adjudged.

In response to the Board’s request, the  Federal  Bureau  of  Investigations
(FBI) provided a copy of an investigative report (see Exhibit E).
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AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial.  JAJM states that under 10 U.S.C 1552(f),  the
Board’s ability to correct records related  to  courts-martial  is  limited.
JAJM states that Sections 1552(f)(1) and 1552(f)(2) permits  the  correction
of a record to reflect actions taken by a reviewing  authority  and  related
actions on the sentence of courts-martial for the purpose of clemency  under
the UCMJ.

The  applicant  has  identified  no  error  or  injustice  related  to   his
prosecution or the sentence.  The sentence was  appropriate  punishment  for
the offenses committed and were well within the  legal  limits.   Rules  for
Court-Martial 1003(b)(8)(B) states that a bad conduct discharge is  designed
as punishment for bad-conduct  rather  than  as  a  punishment  for  serious
offenses of either a civilian or military nature.

He pled guilty and was convicted of three specifications of wrongful use  of
controlled  substances  (marijuana,  methamphetamines,  and  LSD)  and   one
specification of wrongful distribution of LSD.  He admits he  messed  up  by
getting busted.  A BCD was a proper sentence and properly characterizes  his
service.

A complete JAJM evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  20
June 2008 for review and comment within 30 days.  A copy of the  FBI  report
and a request for additional information pertaining to his activities  since
leaving the service are forwarded to  the  applicant  on  7  July  2008  for
review and comment within 30  days.   As  of  this  date,  this  office  has
received no response.

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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.   We  took  notice  of  the  applicant's
complete submission in judging the  merits  of  the  case.   However,  after
thorough review of the evidence of  record,  it  is  our  opinion  that  the
comments of the office of the Judge Advocate are supported by  the  evidence
of record.  We find no evidence of error in this case and  after  thoroughly
reviewing the applicant's submission, we do  not  believe  he  has  suffered
from an injustice.  We considered upgrading his discharge on  the  basis  of
clemency; however, due to the serious nature of the offenses  committed,  in
the  short  period  of  time  in  which  he  served,  we  believe  that  the
characterization of his discharge was proper  and  in  compliance  with  the
appropriate directives.  In  the  absence  of  persuasive  evidence  to  the
contrary,  we  find  no  basis  upon  which  to  favorably   consider   this
application.

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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-2008-
01336 in Executive Session on 14 July 2008, under the provisions of AFI  36-
2603:

      Ms. BJ White-Olson, Panel Chair
      Ms. Janet I. Hassan, Member
      Ms. Teri Spoutz, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 March 2008, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Investigative Report
    Exhibit D.  Letter, AFLOA/JAJM, dated 30 May 2008.
    Exhibit E.  Letter, SAF/MRBR, dated 20 June 2008
    Exhibit F.  Letter, AFBCMR, dated 7 July 2008.




                                   BJ WHITE-OLSON
                                   Panel Chair