RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01630
		
	 	COUNSEL:  NONE

	 	HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His discharge be upgraded to general.

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APPLICANT CONTENDS THAT:

His last duty assignment was with the ---th Organizational Maintenance Squadron and he has never applied for any upgrade until this time.

The applicant states that he has no idea who   is, and requests this matter be reviewed.

Applicant’s complete submission is at Exhibit A. 

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 19 June 1985 for a period of four years.  He was progressively promoted to the grade of senior airman (E-4).

He was tried by a general court-martial on 22 August 1989 for two specifications of wrongful distribution of marijuana, one specification of wrongful use of marijuana, and one specification of conspiracy to distribute marijuana.  He pled not guilty to the charges and specifications and elected to have his case heard by a military judge.  He was found guilty of all charges and specifications and was sentenced to be discharged with a bad conduct discharge, confinement for ten months, forfeiture of $466.00 pay per month for ten months, and reduction to the grade of airman basic.  The sentence was adjudged on 23 August 1989.

He was in military confinement from 29 August 1989 through 2 May 1990.

The Air Force Court of Military Review affirmed the findings and sentence of the military judge.

On 30 September 1991, the United States Court of Military Appeals affirmed the findings and sentence.

On 5 October 1992, the convening authority ordered that the applicant’s discharge be executed.

The applicant received a bad conduct discharge on 8 January 1993.  He completed 6 years, 8 months, and 16 days of active service (excludes 247 days of lost time due to his confinement during the period 29 August 1989 through 2 May 1990).

On 26 March 1996, applicant’s DD Form 214 was administratively corrected to change the narrative reason for discharge to Conviction by Court-Martial (Other than Desertion).

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AIR FORCE EVALUATION:

AFLSA/JAJM recommends the application be denied and states, in part, that there is no evidence or even a claim that the applicant’s court-martial was improperly conducted.  The applicant was afforded all the rights accorded by law and did not serve honorably.  His request is insufficient to warrant to setting aside the bad conduct discharge and does not demonstrate an equitable basis for relief.  He has provided no evidence of an error or injustice related to the sentence.  Therefore, there is no reason required by law to grant the requested relief.

The AFLSA/JAJM evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states, in part, that there was never any factual evidence brought against him, only the word of unreliable people.  In addition, the transcripts and actual charges cannot be found.  He is a 35-year-old male, has two children, and would like to have some of the benefits returned to him that he has earned as a veteran.

The applicant also states that he is adding a letter of recommendation from his supervisor and acting plant manager; however, as of this date, a copy of the letter of recommendation has not been received by this office.

The applicant’s complete response is at Exhibit E.

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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 comments of the Associate Chief, Military Justice Division are supported by the evidence of record.  We find no evidence of error in this case and after thoroughly reviewing the documentation that has been submitted in support of applicant's appeal, we do not believe he has suffered from an injustice.  Therefore, based on the available evidence of record, we find no basis upon which to favorably consider this application.

4.	The applicant’s case file contains an undated and unsigned DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States, with his name, present address, and date of discharge.  Attached to the DD Form 293 is a character reference for a   from the Mayor of Greendale, Missouri.  Since the letter states that Mr.   has lived for the four and one-half years prior to 16 October 1995 in Greendale, Missouri, and the applicant’s return address as of 3 October 1995 is listed on his application as  , Pennsylvania, it appears the character reference refers to another individual and is not relevant to the consideration of 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.

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The following members of the Board considered Docket Number 02-01630 in Executive Session on 24 October 2002, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 May 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFLSA/JAJM, dated 29 Jul 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Aug 02.
	Exhibit E.  Letter, Applicant, dated 18 Aug 02.

                                   
                                   Panel Chair