RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01490
		INDEX CODE:  100.03, 100.06
		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be upgraded.

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APPLICANT CONTENDS THAT:

He is a true American and would like nothing more that to restore his respect and regain honor from his country, family and friends.  He asks for upgrade to serve his country in its undying efforts to rid the world of terrorism and tyranny against the United States and its allies.  His experience and skills can help our younger troops get through these trying times and overcome any obstacles that stand before them.  He was once a promising young sergeant of 7 years in the Air Force and 2 years in the Army Reserve.  Since his discharge he has kept his life together and excelled as a person, family man, and patriot.  He has devoted his time and efforts to youth organizations, earned his Bachelor's degree in Psychology, Criminal Justice, and a minor in Communications.  He is in the process of forming a youth organization in St. Louis.  It would be a great honor for him to again devote his services to the United States and his fellow comrades in protecting his country.  He promises to continue in his pursuit in being an outstanding citizen and family man and give his undying loyalty and support to the President of the United States.  

In support of his request, applicant provided his bachelor's degree certificate, a Certificate of Award, personal references, his Honorable Discharge certificates, and a Certificate of Training.  His complete submission, with attachments, is at Exhibit A. 

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STATEMENT OF FACTS:

Applicant, a prior service enlistee, contracted his most recent enlistment in the Regular Air Force on 20 Nov 85 in the grade of senior airman.  Applicant was tried by general court-martial for two specifications of wrongfully distributing marijuana.  He plead guilty and was found guilty of both specifications.  His sentence, adjudged on 28 Jul 88, was confinement for 11 months, reduction to the grade of E-1, and a bad conduct discharge (BCD).  However, only so much of the sentence that provided for 10 months confinement, reduction to the grade of E-1, and BCD was approved and executed.  His case was reviewed and the findings of guilty and the adjudged sentence were confirmed by the Air Force Court of Military Review on 21 Oct 88.  The U.S. Court of Military Appeals denied his appeal on 21 Feb 89.  Applicant was discharged on 11 May 89.  He served 6 years, 11 months, and 8 days on active duty.  He was assigned RE code of "2M" which denotes "Serving a sentence or suspended sentence of court-martial; or separated while serving a sentence or suspended sentence of court-martial".

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AIR FORCE EVALUATION:

AFLSA/JAJM recommends denial.  JAJM states that there is no legal basis for upgrading his RE code.  The appropriateness of the sentence is a matter within the discretion of the court-martial and may be mitigated by the convening authority or within the course of appellate review.  He had the assistance of counsel and was afforded all rights granted by statute and regulation.  He provides no compelling rationale to mitigate the approved BCD given the circumstances of the case.  While clemency is an option, there is no reason to grant clemency in this case.  He did not serve his enlistment honorably.  The JAJM evaluation is at Exhibit C.

AFPC/DPPAE recommends denial.  DPPAE states that his RE code of 2M is correct.  The DPPAE evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 29 Aug 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 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 careful consideration of the applicant's request and the available evidence of record, we see no evidence of an error or injustice that would warrant a change in his RE code.  In our opinion, given the serious nature of the offenses he committed against the good order and discipline of the service, the decision to discharge him from the Air Force and the RE code that he was assigned, were proper and in compliance with the appropriate directives.  While we find his post-service accomplishments and his desire to further serve his country commendable, we do not find his assertions sufficiently persuasive to override the rationale provided by the Air Force.  Therefore, we agree with the opinions and recommendation of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that he has not been the victim of an error or injustice.  In the absence of persuasive evidence to the contrary, we are not compelled to recommend favorable consideration of his request.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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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 AFBCMR Docket Number BC-2003-01490 in Executive Session on 1 Oct 03, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Apr 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFLSA/JAJM, dated 23 Jun 03.
    Exhibit D.  Letter, AFPC/DPPAE, dated 13 Aug 03.
    Exhibit E.  Letter, SAF/MRBR, dated 29 Aug 03.

                                   
                                   Panel Chair