RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03478
		INDEX CODE:  106.00, 110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded to general.

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APPLICANT CONTENDS THAT:

He believes that he was a productive member of the Air Force before the isolated incident that cost him his military career.  He apologizes for bringing discredit to the Air Force and asks for clemency.   He received several awards while on active duty and has been a good citizen since his court martial conviction and subsequent discharge. 

In support of his request, applicant provided a personal statement, copies of his Enlisted Performance Reports (EPR’s) and three (3) character reference letters.  

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

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STATEMENT OF FACTS:

The applicant entered into the Air Force on 10 June 1985 and was progressively promoted to the grade of staff sergeant.

He pled guilty to a one-time use of cocaine.  Officer members sentenced him to reduction to senior airman and a BCD.  On      21 March 2001, the applicant and his military counsel submitted a clemency request to the convening authority, asking that his BCD be disapproved or suspended.  On 2 April 2001, the convening authority approved the applicant’s sentence, including the BCD.

His case was then reviewed by the Air Force Court of Criminal Appeals.  On 19 June 2001, the Air Force Court affirmed the findings and the sentence.  The applicant then appealed to the United States Court of Appeals for the Armed Forces.  That petition was denied on 4 October 2001 and a final court-martial order was issued on 5 December 2001.  

The applicant’s DD Form 214 is dated 5 December 2001 and reflects a BCD.  He served 15 years, 8 months, and 7 days on active duty.

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AIR FORCE EVALUATION:

AFLSA/JAJM recommends denial.  Although the applicant had an outstanding career in the Air Force, his use of cocaine is extremely serious, especially given his status as a noncommissioned officer.  The court members considered the applicant’s achievements during his military career and the stresses in his life before deciding on a sentence.  They read numerous character statements, including ones similar to those attached to this application.  They concluded a one-grade reduction and BCD were appropriate punishments for his crime.  The convening authority and the appellate court agreed.  The sentence was well within the legal limits and was an appropriate, if not light, punishment for the offenses committed.  The applicant presents no new evidence and, therefore, we see no reason to disturb the court’s determination.  

The AFLSA/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 7 Mar 03, 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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant changing his BCD discharge to general.  After careful consideration of the available evidence, we found no indication that the actions taken to affect his discharge were improper or contrary to the provisions of the governing regulations in effect at the time, or that the actions taken against the applicant were based on factors other than his own misconduct.  In regards to the applicant’s request for clemency, no documentation was provided to the Board, to show a record of satisfactory post service accomplishments.  Typically, clemency would be considered when a person has been separated for a length of time, and provides evidence to substantiate post service accomplishments.  In view of the above, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in 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    BC-2002-03478 in Executive Session on 20 May 2003, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 10 Oct 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFLSA/JAJM, dated 19 Feb 03.
	Exhibit D.	Letter, SAF/MRBR, dated 7 Mar 03.