RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  02-03833
							INDEX CODE:  110.02
    							COUNSEL:  NONE

    							HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His bad conduct discharge be upgraded to general.  

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APPLICANT CONTENDS THAT:

The punishment was very harsh for his seven and a half years of honorable service.  He received a bad conduct discharge, reduction to E-1 and 6 months of confinement.  He was never offered any kind of rehabilitation or help for his problem.  As a first‑time offender, his discharge was inequitable.  He loved the military and really enjoyed serving his country.  He has no resentment against the Air Force and understands that the Air Force has very high standards to uphold.  He owns his own home, is self-employed and leads a very simple life in Rhode Island.  

Applicant’s provides a personal statement.  His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s military personnel records are incomplete.  The following is the only information available pertaining to his service.  On 24 February 1978, the applicant contracted his initial enlistment in the Regular Air Force.  Prior to the events under review, he was progressively promoted to the grade of staff sergeant (E-5), effective and with a date of rank of 1 September 1984.  He continued to enlist with his last reenlistment occurring on 12 July 1985, for a period of 6 years.

On 13 October 1988, contrary to his plea, a general court-martial found the applicant guilty of wrongful use of cocaine on or about 22 March 1988.  He was sentenced to be discharged with a bad conduct discharge, confined for 6 months, and reduced to the grade of airman basic.  The sentence was approved by the convening authority on 23 November 1988 and affirmed on 27 February 1990.

On 31 March 1993, the applicant was discharged with a bad conduct discharge.  He had served 14 years and 8 months on active duty.  The period 13 October 1988 to 19 March 1989 was time lost due to confinement.  The applicant was thereafter in excess leave status from 20 March 1989 to 31 March 1993.

The remaining relevant facts pertaining to applicant’s court-martial and non-judicial punishments, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.

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AIR FORCE EVALUATION:

AFLSA/JAJM recommends the application be denied.  JAJM states that the maximum punishment for the offenses of which the applicant was found guilty was a dishonorable discharge, confinement for 5 years, total forfeiture of all pay and allowances, and reduction to airman basic.  As a non-commissioned officer, the applicant had a duty to serve as an example to airmen of lesser rank.  Clemency should only be granted when the applicant has demonstrated that the degree of punishment in relation to the crime was a clear injustice.  JAJM states he has made no showing.  AFLSA/JAJM evaluation is at Exhibit C.

The AFPC/DPPRS evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 March 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and response.  As of this date, this office had 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.  After thoroughly reviewing the evidence of record, we find no evidence to show that the applicant’s discharge as a result of his conviction by court-martial was erroneous or unjust.  We believe his wrongful use of cocaine coupled with his status as a noncommissioned officer, supported the service characterization he received.  While the applicant believes a bad conduct discharge was harsh based on the fact he was a first‑time offender, we note that the approved sentence of the military court was within the maximum punishment authorized by the Uniform Code of Military Justice for the offense for which the applicant was convicted.  In this regard, we are in complete agreement with the assessment of the Air Force office of primary responsibility concerning sentence in this case.  In view of the above the absence of evidence by the applicant attesting to a successful post-service adjustment in the years after his discharge, we are not inclined to extend clemency in this case.  In view of the foregoing, we conclude that no basis exists 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 probable 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 this application in Executive Session on 14 May 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 December 2002 w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFLSA/JAJM, undated.
    Exhibit D.  Letter, SAF/MRBR, dated 14 March 2003.