RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01419
		INDEX CODE:  106.00, 110.02
		COUNSEL:  XXXXX

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He regrets his actions and expresses his remorse.  For the last 15 years he has achieved much and asks for consideration of these achievements.  Prior to his discharge he had gone through a divorce, been under a lot of stress and took a chance to make fast money.  He had only four months before retirement, but was in a bad financial state.  He has matured and is growing closer to God, who has given him another chance.

In support of his request, applicant provided a personal statement, DD Form 214, Certificate of Release or Discharge from Active Duty, Personal History after Discharge, Certificate of Training, Devry Institute of Technology Associates Degree, 7 Certificates of Achievement, 10 Letters of Recommendation, and a Letter to the Department of Veteran Affairs.

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

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STATEMENT OF FACTS:

The applicant entered into the regular Air Force on 20 September 1966 and was progressively promoted to the grade of staff sergeant.

He was tried at a special court-martial on 12 June 1986.  The applicant was charged with wrongful use of marijuana in the hashish form, a schedule I controlled substance, wrongful possession of 15.97 grams, more or less, of marijuana in the hashish form, a schedule I controlled substance, with the intent to distribute, and wrongful possession of 264.90 grams, more or less of marijuana, a schedule I controlled substance, with the intent to distribute. He chose to be tried by military judge alone, pled guilty to all charges and specifications, and was found guilty.  The military judge sentenced him to a BCD, confinement for six months, and reduction to the grade of airman first class.  On 12 May 1988, the Air Force Court of Military Review affirmed the discharge and he was separated with a BCD on 26 May 1988.  He served 21 years, 8 months and 7 days on active duty.

On 17 March 1993, the applicant submitted an application to the Air Force Discharge Review Board (DRB) requesting his BCD be upgraded to honorable.  The DRB denied his request on the grounds of finding no error or inequity to warrant a change in his discharge and no sufficient basis to warrant clemency.  (Exhibit B)

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  Based on the documentation on file in the master personnel records, that office believes the discharge was consistent with the procedural and substantive requirements of the discharge regulation and that the discharge was within the discretion of the discharge authority.  DPPRS indicates the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  Nor did he provide any facts warranting a change to his character of service.

The DPPRS 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 28 May 04, 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 an error or injustice to warrant changing his BCD discharge.  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.  The Board is not persuaded that action to upgrade the applicant's discharge based on clemency is appropriate.  In view of the seriousness of the applicant’s misconduct, we do not believe that an upgrade of his discharge would be appropriate at this time.  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-2004-01419 in Executive Session on 15 July 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 12 Apr 04.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, SAF/DPPRS, dated 19 May 04.
	Exhibit D.	Letter, SAF/MRBR, dated 28 May 04.